McCUNE v. STATE

No. 25020.

240 S.W.2d 305 (1951)

McCUNE v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied June 13, 1951.


Attorney(s) appearing for the Case

George H. Trenary, Charles J. Murray, Fort Worth, for appellant.

Stewart W. Hellman, Criminal Dist. Atty., W. H. Tolbert, Asst. Criminal Dist. Atty., and John E. McLean, Asst. Criminal Dist. Atty., Fort Worth, George P. Blackburn, State's Atty., of Austin, for the State.


MORRISON, Judge.

The offense is rape by force; the punishment, death.

After an evening of drinking and after being refused the privilege of taking one of the girls home, appellant by chance, it seems, observed the prosecutrix starting her car in a parking lot. Appellant first brutally beat prosecutrix, a married woman eighteen years his senior, then forced her on the back seat of her car and ravished her. At the time of the commission of the offense, appellant...

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