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CASTELLO v. STATE

No. 36345.

373 S.W.2d 754 (1964)

Benny CASTELLO, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 8, 1964.

Attorney(s) appearing for the Case

E. A. Blair, Lubbock, for appellant.

George H. Hansard, Lamesa, and Leon B. Douglas, State's Atty., Austin, for the State.

McDONALD, Judge.

The offense is rape; the punishment, thirty years confinement in the State Penitentiary.

While the sufficiency of the facts is not challenged, yet this Court is obligated to test and determine their sufficiency, which we have done. Stated briefly, the appellant, after consuming a quantity of intoxicating beverages, walked from his motel room to a nearby residence where the complaining witness was...

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