TORBERT v. STATE

No. 29703.

313 S.W.2d 303 (1958)

Lon A. TORBERT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 28, 1958.

Dissenting Opinion May 28, 1958.


Attorney(s) appearing for the Case

Power, McDonald & Mell, Alex P. Pope, Tyler, for appellant.

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


MORRISON, Presiding Judge.

The offense is rape by force; the punishment, five years.

The sufficiency of the evidence to support the jury's finding that the act was committed by the use of such force "as might reasonably be supposed sufficient to overcome resistance, taking into consideration the relative strength of the parties and other circumstances of the case," as defined by Article 1184, Vernon's Ann.P.C., is strenuously challenged and has given this...

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