WINDHAM v. STATE

No. 27938.

288 S.W.2d 73 (1956)

Wilmer James WINDHAM, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 21, 1956.


Attorney(s) appearing for the Case

Baldwin & Goodwin, Beaumont, for appellant.

Henry Wade, Dist. Atty., Harvey Lindsay, Asst. Dist. Atty., Dallas, Leon B. Douglas, State's Atty., Jerry F. Shivers and Charles S. Potts, Asst. Dist. Attys., Dallas, for the State.


BELCHER, Commissioner.

The conviction is for sodomy; the punishment, twelve years in the penitentiary.

The prosecutrix, sixteen years of age, testified that she, her brother, mother, and the appellant (her father) were living together in their home on February 15, 1955, and during the absence of her mother and brother on that date, the appellant "made me have abnormal relations with him" by placing his penis in her mouth and told her that he would kill her...

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