Public-domain · open source
OpenJurist

162 Tex. Crim. 601

Green v. State

Court of Criminal Appeals of Texas

Decided February 29, 1956

Court of Criminal Appeals of Texas · decided 1956-02-29

Decided 1956-02-29

DAVIDSON, Judge.

¶1This is a conviction for statutory rape upon a female under the age of eighteen years, with punishment assessed at five years in the penitentiary.

¶2The prosecutrix, a female under the age of fifteen years testified that appellant raped her by force and against her will. The offense occurred while the parties were in the front seat of an automobile. As soon as she arrived home, the prosecutrix reported the crime to her mother, who carried her to a doctor for examination, the doctor’s examination revealed that the hymen of prosecutrix had been ruptured and was bleeding.

¶3This testimony made a case of guilt for the state and was sufficient to support the jury’s finding.

¶4Testifying as a witness, appellant admitted that he attempted, with the consent of the prosecutrix, to engage in an act of intercourse with her but that, when she complained of pain, he desisted and made no further effort to engage in the act of intercourse. He claimed that the injury to the privates of prosecutrix was done by his fingers.

¶5The exceptions and objections to the court’s charge, which appear in the record, do not bear the certificate of the trial court showing that they were presented to him, as required by Art. 658, C. C. P. Hence, appellant’s exceptions to the charge are not before us for consideration.

¶6It was the province of the jury to accept the testimony of *603the prosecutrix and reject that of the appellant. The facts warrant the conviction.

¶7No reversible error appearing, the judgment is affirmed.

/162/texcrim/601 · .json · Public domain