DICE, Commissioner.
Appellant was convicted of the offense of rape and his punishment fixed at death.
The testimony shows that the prosecutrix was a married woman who worked at a tavern in the City of Houston, and on the night of July 29, 1954, she got off from work around 10:10 o'clock and started walking home.
She testified that as she was walking on Frio Street some 150 feet from her home, a Negro man came up from behind, grabbed her by the arm...
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