
    LAFOON v. STATE.
    (No. 3106.)
    (Court of Criminal Appeals of Texas.
    April 29, 1914.
    Rehearing Denied May 27, 1914.)
    Rape (§ 64) — Excessive Punishment.
    Where a grown man was convicted of statutory rape upon testimony showing intercourse with a girl under the .age of 15 years, the assessment of his punishment at confinement in the penitentiary for nine years, which is within the limits fixed by the statute, is not excessive.
    TEd. Note. — For other cases, see Rape, Cent. Dig. § 105; Dec. Dig. § 64.]
    Appeal from District Court, Jones County; Jno. B. Thomas, Judge.
    Claude Lafoon was convicted of statutory rape, and Ms punishment assessed at nine years’ imprisonment in the penitentiary, and he appeals.
    Affirmed.
    Cunningham & Oliver, of Abilene, for appellant. C. E. Lane, Asst. Atty. Gen., for the State.
    
      
      For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key-No. Series & Rep’r Indexes
    
    
      
      For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key-No. Series & Rep’r Indexes
    
   HARPER, J.

Appellant was convicted of statutory rape, and his punishment assessed at nine years’ confinement in the state penitentiary.

There are no bills of exception in the record in regard to the introduction of testimony, and the only grounds in the motion allege the insufficiency of the testimony and that the punishment is excessive. The punishment is within the limits fixed by the Legislature for this character of offense, and is therefore not excessive. It appears that Rosa Lee Finch is certainly under the age of 15 years, and she swears positively to an act of intercourse. Appellant is a grown man, and under such circumstances, if the jury believed the testimony offered in behalf of the state, as they evidently did, we are not surprised at the punishment inflicted.

The judgment is affirmed.  