
    TAYLOR v. STATE.
    (No. 10726.)
    (Court of Criminal Appeals of Texas.
    March 2, 1927.)
    Rape <&wkey;48(I) — Introduction of prosecutrix’s statement, on reaching home after assault, that defendant tried to rape her held not error.
    In prosecution for rape, introduction of evidence that prosecutrix was crying when she reached home after assault, complained of being sick, and skid defendant had tried to rape her held not error.
    Appeal from District Court, Potter County; Henry S. Bishop, Judge.
    Clifford Taylor was convicted of rape, and he appeals.
    Affirmed.
    Culwell & Culwell, of Amarillo, for appellant.
    Sam D. Stinson, State’s Atty., of Austin, and Robt. M. Lyles, Asst. State’s Atty., of Groesbeck, for the State.
   LATTIMORE, J.

Conviction of rape; punishment, five years in the penitentiary.

There is but one bill of exceptions, which evidences the introduction in evidence of a statement made by prosecutrix immediately upon her reaching home the night of the alleged assault. As shown by the bill of exceptions, a witness was permitted to testify that when prosecutrix came home she was crying and complained of feeling sick, and fold witness that Clifford Taylor had tried to rape her; that he carried her upstairs to a room and was wrestling with her; and that she got her feet wet and lost her slipper. We do not think it error to receive the testimony. Reid v. State (Tex. Cr. App.) 287 S. W. 269.

The evidence seems ample to support the conviction. Prosecutrix was a girl 15 years old, and testified positively to the act of intercourse.

Finding no error in the record, the judgment will be affirmed.  