McHENRY v. STATE

No. 28145.

293 S.W.2d 773 (1956)

John Edward McHENRY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 3, 1956.


Attorney(s) appearing for the Case

Henry E. Doyle, Francis L. Williams, Houston, for appellant.

Dan Walton, Dist. Atty., Eugene Brady and Thomas D. White, Asst. Dist. Attys., Houston, Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Presiding Judge.

The offense is rape; the punishment, death.

A thirty-four year old mother of seven was awakened on the night in question and found a masked man standing between her bed and that occupied by her thirteen month old son. She was silenced by threats of the intruder to kill her child with the open knife which he was brandishing. He forced her to disrobe the lower portion of her body and had intercourse with her against her will. The prosecutrix...

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