SMITH v. STATE

No. 34833.

361 S.W.2d 390 (1962)

Henry Clyde SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 31, 1962.


Attorney(s) appearing for the Case

No attorney of record on appeal for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally and Jon N. Hughes, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Presiding Judge.

The offense is statutory rape; the punishment, 5 years.

The sole question presented is the sufficiency of the evidence to sustain the conviction.

Appellant, the father of the 14 year old girl named in the indictment, made a statement which was reduced to writing and was introduced in evidence at the trial as a voluntary confession.

In his confession appellant stated that he had sexual intercourse with the girl first...

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