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GARCIA v. STATE

No. 31128.

331 S.W.2d 53 (1959)

Anthony T. GARCIA and Jesus Guillen Neria, Appellants, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 9, 1959.

Attorney(s) appearing for the Case

George Rodriguez, Jose Escobar, El Paso, for appellants.

William E. Clayton, Dist. Atty., Edwin F. Berliner, Asst. Dist. Atty., El Paso, and Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Judge.

The appellants were jointly indicted, tried and convicted for assault with intent to rape, and the jury assessed the punishment of each of them at 10 years.

Appellants were employees of the United States Government Public Health Service and were, at the time of the incident, on duty at the International Bridge in El Paso and were in uniform. Ordinarily the offices of the Public Health Service were closed and locked about 5 P.M.

The...

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