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KILLINGSWORTH v. STATE

No. 25071.

236 S.W.2d 794 (1951)

KILLINGSWORTH v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied March 14, 1951.

Attorney(s) appearing for the Case

Thos. W. Thompson, E. T. Simmang, Sr., Giddings, for appellant.

George P. Blackburn, State's Atty., of Austin, for the State.

DAVIDSON, Commissioner.

Rape is the offense; the punishment, five years in the penitentiary.

A former appeal of this case is reported in 226 S.W.2d 456. The facts are there sufficiently set forth and will not be here repeated.

A reversal of the conviction was there ordered by a divided court because the facts were found insufficient to show such resistance on the part of the prosecutrix as would authorize a conviction...

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