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BROWN v. STATE

No. 34452.

355 S.W.2d 534 (1962)

Frank BROWN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 28, 1962.

Attorney(s) appearing for the Case

Jack Hazlewood, Amarillo, for appellant.

Frank J. Baughman, Dist. Atty., by Dee D. Miller Asst. Dist. Atty., Amarillo, and Leon B. Douglas, State's Atty., Austin, for the State.

BELCHER, Commissioner.

The conviction is for statutory rape; the punishment, life.

The sole contention urged for reversal is that the state failed to prove penetration.

Artie Vaughn testified that about 11 A. M., June 13, she went to Juanita Evans' house trailer to see if Evans' daughter, the prosecutrix, could come to her house and spend the night. She called out the prosecutrix's name several times, but there was no answer so she went around to the...

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