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  5. 246 S.W.2d 171 (1952)
 

EX PARTE McCUNE

Nos. 25713, 25020.

246 S.W.2d 171 (1952)

Ex parte McCUNE. McCUNE v. STATE.

Court of Criminal Appeals of Texas.

February 20, 1952.

Attorney(s) appearing for the Case

Douglas Boyd, George Trenary, Waco, for appellant.

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

DAVIDSON, Commissioner.

On March 1, 1950, Billie George McCune, hereinafter caller relator, was convicted in the Criminal District Court No. 2 of Tarrant County, Texas, for the crime of rape, with the death penalty assessed. From that judgment an appeal was taken to this court, which we affirmed at a previous term. Tex. Cr.App., 240 S.W.2d 305.

The judgment of the court has not been carried out.

On January 2, 1952...

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