King v. State

LATTIMORE, Judge.

From a conviction in the District Court of Brazoria County of assault to rape, with punishment fixed at five years in the penitentiary, appellant appeals.

At the time of the alleged rape prosecutrix was a girl not quite thirteen years of age. She was living with her father, her mother being at work in West Columbia. On the 14th of April, 1920, her father left her at a house in which appellant lived, an aunt of prosecutrix also residing there. Later during the day the aunt went away to a wedding leaving the child at the house. Prosecutrix testified that twice during the night…