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MACK v. STATE

No. 29118.

307 S.W.2d 588 (1957)

John Wayne MACK, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 9, 1957.

Attorney(s) appearing for the Case

Hugh Snodgrass, Joe McNicholas, Dallas, for appellant.

Henry Wade, Dist. Atty., James K. Allen, Wm. F. Alexander and A. D. Bowie, Asst. Dist. Attys., Dallas, Leon B. Douglas, State's Atty., Austin, for the State.

DAVIDSON, Judge.

Appellant was assessed the death penalty for statutory rape—that is, rape of a female under the age of fifteen years and not his wife.

The testimony of the prosecutrix, ten years of age, showed a case of rape by force.

The vaginal canal was lacerated to the opening of the rectum. Twenty stitches were required to repair the injury in forty-five minutes of surgery.

The prosecutrix...

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