BEAUCHAMP, Judge.
The appeal is from a conviction for rape, with the death penalty.
Appellant, in his brief, has given a very accurate and concise statement of the pertinent evidence in the case, a part of which we copy as follows, with the name of his victim omitted:
"The appellant, Ben Pickett, a negro, was indicted November 24, 1948, tried and convicted February 16, 1949, in the Criminal District Court of Harris County, of the rape of one * * *...
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