Brown v. State

Krueger, Judge.

The offense is rape; the punishment assessed is confinement in the state penitentiary for a term of ten years.

The record discloses that both parties involved are negroes; that on the night of June 24, 1938, the prosecutrix and Emma D. Gaffney met Fred Thomas and the appellant at Harlem Inn in the City of Fort Worth. From there the four went to a dance where they stayed until midnight or later and then started home. On their way, appellant got out of the car near the Harlem Inn, which was only a short distance from where Emma Gaffney and the prosecutrix lived. After Thomas had…