ECHOLS v. STATE

No. 35890.

370 S.W.2d 892 (1963)

James Andrew ECHOLS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 16, 1963.


Attorney(s) appearing for the Case

Sam Hoover, Houston (Counsel by Appointment), King C. Haynie, Houston (Counsel On Appeal Only, by Appointment), for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally and Jon N. Hughes, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


BELCHER, Commissioner.

The appellant was jointly indicted with three other men for the offense of rape. A severance was granted, and the appellant was separately tried and convicted of rape and his punishment was assessed at death.

The prosecutrix and her white male companion, Marion Jenkins, were sitting in Jenkins' Falcon automobile near a street intersection close to her residence, about 9 p. m., when Lawrence O'Conner and Willie James Rivers, co-indictees...

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