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LEHMAN v. STATE

No. 34294.

354 S.W.2d 586 (1962)

John G. LEHMAN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 28, 1962.

Attorney(s) appearing for the Case

Kenneth B. Kramer, Wichita Falls, for appellant.

Stanley Kirk, Dist. Atty., Timothy D. Eyssen, James H. Doores, Asst. Dist. Attys., Wichita Falls, and Leon B. Douglas, State's Atty., Austin, for the State.

BELCHER, Commissioner.

The offense of statutory rape was alleged to have been committed on or about May 17, 1961; the punishment, 40 years.

The testimony shows that the appellant and his wife slept in the house and their four children slept in a house-trailer adjacent to the house. The prosecutrix and her two younger brothers slept in the same room, with her bed nearest to the house, and her older sister slept in a separate room in the trailer.

The...

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