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ANDREWS v. STATE

No. 28121.

289 S.W.2d 262 (1956)

Herman ANDREWS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 7, 1956.

Attorney(s) appearing for the Case

Morris Rolston, T. R. Florey, Jr., Mt. Pleasant, for appellant.

Bird Old, Jr., Dist. Atty., Alford H. Flanagan, Asst. Dist. Atty., Mt. Pleasant, Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Justice.

The conviction is for rape; the punishment, five years.

The sufficiency of the evidence to sustain the conviction is challenged. Appellant cites, in support of his contention, Killingsworth v. State, 154 Tex.Cr.R. 223, 226 S.W.2d 456, and contends that the prosecutrix failed to make outcry to the officers at the first opportunity, and that the evidence reveals that she did not make sufficient resistance...

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