GIBSON v. STATE

No. 34525.

357 S.W.2d 569 (1962)

Roscoe GIBSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 13, 1962.


Attorney(s) appearing for the Case

Charles W. Gill (on appeal only), Houston, for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally, Neil McKay, Assts. Dist. Atty., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


DICE, Commissioner.

The offense is rape; the punishment, death.

The prosecutrix, nine years of age and the eldest of six children lived with her family in the City of Houston. The State's proof shows that on the night of January 25, 1961, the prosecutrix and two younger brothers were sleeping in the same bedroom. Sometime before midnight appellant entered the house through a back window and carried the prosecutrix...

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