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BUE v. STATE

No. 35921.

368 S.W.2d 774 (1963)

John BUE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 19, 1963.

Attorney(s) appearing for the Case

Paxson & Santiesteban, by H. Tati Santiesteban, El Paso, for appellant.

Edwin F. Berliner, Dist. Atty., Sam W. Callan and Mike J. Thompson, Asst. Dist. Attys., El Paso, and Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Presiding Judge.

The offense is sodomy; the punishment, 15 years.

The allegations of the indictment were fully sustained by the testimony of a police officer who testified that he saw the appellant and one Ray, both males, in the lower bunk of the cell they were occupying in the El Paso City Jail, and that when he told them to get up and they moved, he saw the appellant extract his penis from the rectum

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