Mizell v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of rape by force and given twelve years confinement in the penitentiary.

The indictment contains two counts, one charging rape and the other incest. The facts show that the prosecutrix was appellant’s niece. His wife was in bad health and appellant induced prosecutrix, with the consent of her mother, to come from her home in another county to stay with his, appellant’s, wife. After remaining at appellant’s home about three weeks she and appellant’s wife disagreed so that prosecutrix concluded to return home. Appellant took her to Lufkin to meet…