136 S.W. 476 | Tex. Crim. App. | 1911
Appellant was convicted of rape upon a girl under 15 years of age; his punishment being assessed at five years confinement in the' penitentiary.
1. The indictment was attacked in a motion in arrest of judgment. The indictment is in stereotyped form, such as has been held sufficient to charge the offense, and we deem it unnecessary to discuss its validity.
9. The question of the sufficiency of the evidence to support the conviction was an issue, and a matter to be decided by the ,iury. If the evidence for the state can be relied upon, the case is sufficiently made out. This was denied by appellant, and supported by his wife, but the jury believed the state’s evidence and discarded that for the appellant. Under such circumstances this court would not feel justified in setting aside the conviction.
The judgment is affirmed.