SMALLEY v. STATE

No. 33391.

346 S.W.2d 333 (1961)

Warren Dennis SMALLEY, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 10, 1961.


Attorney(s) appearing for the Case

Fleming, Cotton & Shinaut, Don Lee Cotton, Ronald R. Calhoun, El Paso, for appellant.

William E. Clayton, Dist. Atty., Edwin F. Berliner, First Asst. Dist. Atty., Joseph H. Sharpley, Oscar G. Galvan, Asst. Dist. Attys., El Paso, and Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Judge.

The offense is sodomy; the punishment, 15 years.

The 11-year old stepdaughter of appellant testified that on the night in question her mother was at the hospital having another baby; that appellant, clad in pajamas, told her that her mother had come close to dying and asked her if she wanted her mother to have any more children. She stated she told appellant that no one but God had control over such matters, but appellant stated that it was...

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