LOCKHART v. STATE

Nos. 34246, 34247.

355 S.W.2d 514 (1962)

Ralph Coleman LOCKHART, and Wildon Mac Springer, Appellants, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 14, 1962.


Attorney(s) appearing for the Case

Webb, Schulz & Stokes, by Bob R. Hanna, Abilene, for appellant Ralph Coleman Lockhart.

Scarborough, Black & Tarpley, by Davis Scarborough, Abilene, for appellant Weldon Mac Springer.

Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Judge.

The convictions are for rape; the punishment, five years in each case.

These are companion cases, and, although appellants were separately indicted, by agreement they were tried together and the appeals are hereby consolidated.

Testifying in their own behalf, each of the appellants admitted having intercourse with the prosecutrix, but each testified that it was with her consent.

At the beginning of the trial, the State, by...

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