Thornley v. State

CHRISTIAN, Judge.

The offense is rape; the punishment, confinement in the penitentiary for 99 years.

Prosecutrix, Clara Smith, who was eight years of age, lived with her mother, Mrs. Ida Smith, and two small brothers, aged ten and twelve, in the city of San Antonio. Russell Moore, who was eighteen years of age, lived in the same home. Appellant, who was twenty-four years of age, was a corporal in the army. *584He frequently visited in the home of prosecutrix, and, according to his testimony, was having sexual relations with Mrs. Ida Smith. However, this was denied' by Mrs. Smith. On the night of…