PARKER v. STATE

No. 35547.

372 S.W.2d 320 (1963)

Jesse Earl PARKER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 23, 1963.

Second Rehearing Denied December 4, 1963.


Attorney(s) appearing for the Case

Ross Hardin, Dallas, Sam W. Pettigrew, Grand Prairie, for appellant.

Henry Wade, Dist. Atty., Jame K. Allen, William F. Alexander, Ben F. Ellis, Patrick McDowell and Emmett Colvin, Jr., Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Presiding Judge.

The offense is rape; the punishment, death.

After having supper at a nearby drive-in, Mary, the prosecutrix, and her husband Frank, with their 9 months old baby, went to the home of Frank's brother Charlie, which was some 8 blocks from where the prosecutrix and Frank lived. There were other guests with whom the two brothers and their wives played cards. Some of those present were drinking during the evening.

At about 9 o'clock...

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