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MARTIN v. STATE

No. 37199.

385 S.W.2d 260 (1964)

Tom Victor MARTIN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 9, 1964.

Second Motion for Rehearing Denied January 13, 1965.

Attorney(s) appearing for the Case

J. E. Jackson, Ruff Wall, Carthage, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.

McDONALD, Judge.

The offense is rape; the punishment, life imprisonment in the state penitentiary.

The state has confessed error in this case for the reason that venue was not proved. Appellant made a motion for an instructed verdict upon the grounds that venue was not proved and made an issue during the trial of the case. Appellant has also brought forward this contention by formal bill of exception. This question...

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