BROWN v. STATE

No. 33781.

353 S.W.2d 425 (1961)

Cecil Lester BROWN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 31, 1962.


Attorney(s) appearing for the Case

Peter P. Cheswick, Houston, for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally, Erwin G. Ernst, Asst. Dist. Attys, Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


McDONALD, Judge.

Rape is the offense; the punishment, death.

The State's testimony reflects that the complaining witness, Dora Ybarra, 28 years of age and the mother of four children, was employed as a waitress at a cafe. She finished her work at 11:30 P.M. and went to another nearby cafe to eat and meet her estranged husband. Soon thereafter, her husband had an argument with another woman and went out on the street, where he engaged in a fight with some men...

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