No. 30454.

321 S.W.2d 85 (1959)

James T. GOOCH, Appellant, v. STATE OF TEXAS, Appellee.

Court of Criminal Appeals of Texas.

February 25, 1959.

Attorney(s) appearing for the Case

Conway & Navarro, Houston, Walter Conway, Houston, of counsel, for appellant.

Dan Walton, Dist. Atty., Frank Briscoe and Thomas D. White, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

BELCHER, Commissioner.

The offense is rape; the punishment, eight years.

The indictment alleged that appellant made an assault upon the prosecutrix who was under 18 years of age, and did ravish and have carnal knowledge of her, she not being his wife.

The testimony of the prosecutrix, age fifteen at the time of the trial, shows an act of intercourse on or about March 21, 1958, by the appellant, who was her stepfather, without her consent and by force...

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