BARRY v. STATE

No. 28588.

305 S.W.2d 580 (1957)

Robert L. BARRY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 6, 1957.


Attorney(s) appearing for the Case

Anderson & Latham, Wichita Falls, for appellant.

Jimmy Castledine, Dist. Atty., Sam B. Spence, Sp. Pros., Wichita Falls, Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Presiding Judge.

The offense is rape; the punishment, 50 years.

Prosecutrix, an eleven-year old sixth grade student, testified that on September 1 she went on her bicycle to the appellant's home to see his step-daughter about going skating, knocked on the door, and asked if Glenda was there. The appellant answered that she was and invited her inside. As she entered the door, the appellant stepped from behind the door clad in his shorts, placed his...

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