WOODLEY, Commissioner.
Appellant, a married man and the father of a 4 year-old son, was convicted for the rape of a 4½ year-old girl, and the jury assessed his punishment at death.
According to the state's evidence and to appellant's confession, the admission of which is not attacked on this appeal, appellant went to the home of Mrs. Hammerschmidt about midnight to await her return from a night club. He found her two children there, a 14 year-old boy...
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