Tall Younger Sister
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Days after his sister's killing, the boy appeared at a vigil for her. His brother Justin was photographed with the name "Leila" written on his forearm. The boy's father Barney Fowler attended with his fiancé Krystal Walters.
Prosecutrix was 19 years old at the time of the trial and was 16 on the date of the offense which was submitted to the jury. She testified that her first act of intercourse *919 with appellant, her father, occurred in August of 1958. Until the last part of October or the first part of November, 1961, these acts of intercourse continued two or three times a month without any protest or report from prosecutrix. On this last named occasion, prosecutrix, according to her testimony, protested and appellant beat her with his belt until she agreed to have an act of intercourse with him. The younger children were in the house, but prosecutrix made no outcry. This assault left marks on her legs, and when her mother asked her about them, she told her that she had injured herself in physical education class.
These acts continued without further protest or report until the fall of 1963. At that time prosecutrix began dating Earl Musick, who was not going to her school. At first appellant voiced no protest, but some two months later, appellant told her to stop seeing Earl, however, she kept on seeing him. According to the testimony of her sister, the appellant threatened to move the whole family to Dallas if she didn't "break up" with Earl, to which the prosecutrix replied, "I won't go". Prosecutrix testified that for some three or four years prior to February 16, 1964, she and appellant had been engaging in both natural and unnatural acts of intercourse, that on that date, she, her mother and her two sisters had planned to go to a drive-in theater, but that appellant protested saying that her next oldest sister had stayed home to look after the two youngest sisters the last time they had gone out and that it was her time to stay home. An argument ensued initially, but finally appellant agreed that all might go; however, the prosecutrix remained at home anyway. After her mother and two sisters left, prosecutrix drove her two younger sisters a mile to her grandmother's house, told her grandmother and her aunt that she was going for a drive, but returned immediately to her house and had both a natural and an unnatural act of intercourse with appellant. Finally, on February 24, she told her oldest sister about what had been occurring; on the following day she told her mother, and they all went to live with her grandmother, her aunt and her uncle, where they were residing at the time of the trial. She estimated that she and appellant had engaged in 128 acts of intercourse over a period of five and one-half years before she ever told anyone about it, though she was with her mother every day and had relatives living in the same city.
Prosecutrix testified that she was 5'4" tall and that during the two years prior to the trial her weight had varied from 115 to 130 pounds. She described appellant as being 5'10" tall and weighing between 135 and 140 pounds.
Prosecutrix' sister testified that appellant had had opportunities to be with prosecutrix alone. This was the only evidence adduced in an effort to corroborate prosecutrix. If we find prosecutrix to be an accomplice, then this will not constitute sufficient evidence to corroborate her.
In appraising the above facts it is important to remember that on February 16, 1964, when she took her younger sisters to her grandmother's house, she had left appellant at home without an automobile and admitted on cross examination that if appellant had come after her, her grandmother and aunt would not have permitted him to take her away against her will, but instead of staying there, she told her grandmother and aunt a falsehood about where she was going and returned home where she immediately undressed and got in bed with appellant. While it is true that prosecutrix testified that sh