WRIGHT v. STATE

No. 35051.

364 S.W.2d 384 (1963)

Robert WRIGHT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 13, 1963.


Attorney(s) appearing for the Case

Allan J. Showers, W. B. Robertson, II, John L. Hill and W. James Kronzer, Houston, for appellant.

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


WOODLEY, Presiding Judge.

The offense is rape; the punishment, enhanced under Art. 64 Vernon's Annotated Penal Code, life.

Art. 64 V.A.P.C. provides that a person convicted a second time of any offense to which the penalty of death is affixed as an alternate punishment shall not receive on such second conviction a less punishment than imprisonment for life in the penitentiary.

The state's evidence adduced from the prosecutrix shows the following: She...

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