RODRIGUES v. STATE

No. 29193.

308 S.W.2d 39 (1957)

Francis RODRIGUES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 8, 1958.


Attorney(s) appearing for the Case

J. B. Sallas, Crockett, A. L. Lowrey, Marion G. Holt, Nacogdoches, for appellant.

Bob Murphey, Nacogdoches, Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Judge.

The offense is rape; the punishment, 25 years.

The indictment alleged that appellant made an assault upon the prosecutrix who was under 18 years of age, and did ravish and have carnal knowledge of her, she not being his wife.

The prosecutrix testified that she did not consent to the act of intercourse, while appellant denied the act.

In his charge to the jury, a conviction was authorized upon a finding that appellant obtained...

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