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FOGLE v. STATE

No. 31944.

339 S.W.2d 664 (1960)

Larrle FOGLE, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 15, 1960.

Attorney(s) appearing for the Case

Wendell S. Loomis, Houston, for appellant.

Dan Walton, Dist. Atty., Samuel H. Robertson, Jr., Lee P. Ward, Jr., Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Judge.

The offense is rape; the punishment, 50 years.

The evidence from the standpoint of the state was to the effect that the 12 year old prosecutrix was taken to a municipal swimming pool in Houston about 77 P. M. by her older sister, who returned about 8:35 P. M. and found the prosecutrix standing in the pump room with appellant.

The prosecutrix testified that while she was at the swimming pool...

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