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BUSBY v. STATE

No. 34046.

353 S.W.2d 431 (1961)

Bennie Joe BUSBY, 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.

The offense is rape; the punishment, life imprisonment in the penitentiary.

This is a companion case with that of Brown, No. 33,781, 353 S.W.2d 425, by this Court, wherein the facts are fully set forth and to which reference is here made.

We shall however point out that the testimony shows that the complaining witness identified the appellant in this case as the one who had "kicked me where I had...

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