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WEIR v. STATE

No. 25007.

236 S.W.2d 150 (1951)

WEIR v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied February 21, 1951.

Attorney(s) appearing for the Case

Royce A. Oxford, Edinburg, for appellant.

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

GRAVES, Judge.

Appellant was convicted of the crime of rape, and by a jury given a sentence of five years in the penitentiary.

The testimony of the State's witness showed a rape by force. The appellant's testimony would lead the jury to believe that his victim was giving tacit consent to his attempted act with her, but that she finally refused him that privilege; that he played with her, fondled her person and finally...

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