221 S.W.2d 607 | Tex. Crim. App. | 1949
The offense is rape. The punishment assessed, is confinement in the state penitentiary for life.
The record is before us without any bills of exceptions or any objections to the court’s charge. Consequently, the only question presented for review is the. sufficiency of the evidence to sustain the conviction.
The record reflects that appellant and her husband were jointly indicted as principals in the commission of the alleged offense.
The record further shows that appellant and her husband were the foster parents of Lorene McDaniel, a girl about nine years of age, at the time of the alleged offense. Lorene McDaniel testified that in the month of October, 1948, appellant’s husband, Lee Thompson, had sexual intercourse with her, Lorene McDaniel, and she, the appellant, aided him in the commission of the act by holding her hands down on a bed. She also testified to a number of previous acts in which appellant assisted her husband in accomplishing the alleged offense. On the 21st
We believe the evidence is sufficient to sustain the jury’s conclusion of appellant’s guilt as a principal.
In her motion for a new trial, she complains of certain questions propounded to various witnesses by the district attorney; but no objections were made thereto, and the matter is not brought forward by any bills of exception, in the absence of which we can not consider the same.
No reversible error appearing in the record, the judgment of the trial court is affirmed.
Opinion approved by the court.