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McKELVEY v. STATE

No. 26610.

263 S.W.2d 774 (1953)

McKELVEY v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied January 13, 1954.

Attorney(s) appearing for the Case

John Scott, Jr., F.D. Brown, Sam Brown, Lubbock, for appellant.

Wesley Dice, State's Atty., Austin, for the State.

DAVIDSON, Commissioner.

This is a case of rape by assault, with punishment assessed at 10 years in the penitentiary.

The prosecutrix was the eleven-year-old sister-in-law of the appellant. The mother of the prosecutrix and the wife of appellant (prosecutrix' sister) left prosecutrix and appellant at the mother's home when they left for town to do some shopping. According to the testimony of the prosecutrix, the rape occurred in the home during their absence...

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