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DAVIS v. STATE

No. 26171.

257 S.W.2d 105 (1953)

DAVIS v. STATE.

Court of Criminal Appeals of Texas.

March 11, 1953.

Attorney(s) appearing for the Case

Hood & Hood, Borger, for appellant.

Robert Callaway, Dist. Atty., Borger, George P. Blackburn, State's Atty., of Austin, for the State.

MORRISON, Judge.

At a prior day of this term, the appeal herein was dismissed, 253 S.W.2d 870. The record has now been perfected; the appeal is reinstated; and the case will be considered on its merits.

The prosecutrix, who had been married fifteen years, testified that her automobile hit a high center as she returned to her country home late at night and that she was unable to free it. She stated that she expected her husband...

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