Bowles v. State

244 S.W.2d 811, 156 Tex. Crim. 548, 1951 Tex. Crim. App. LEXIS 1692

Opinions

BEAUCHAMP, Judge.

Appellant was convicted of the offense of rape by force, threats and fraud. The sentence is ten years in the penitentiary.

Notice of appeal was given on March 10, 1951. The statement of facts and bills of exception were filed on June 4, 1951. We find no order authorizing an extension beyond the thirty days allowed at the time for filing the bills of exception, consequently we are unable to consider the several bills of exception in the record.

The story as told by the prosecuting witness detailed a horrible experience and the outrageous conduct of the accused, together with two other boys, with prosecutrix and her girl companion. Appellant took the witness stand in his own behalf and told an entirely different story which if believed by the jury, called for a verdict of not guilty. The jury found in favor of the testimony of the prosecuting witness and against the appellant. We have no power to set such finding aside.

In the absence of bills of exception for our consideration, we find no reversible error and the judgment of the trial court is affirmed.