MELANCON v. STATE

No. 37025.

383 S.W.2d 604 (1964)

Roy Allen MELANCON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 14, 1964.

Second Motion for Rehearing Denied November 18, 1964.


Attorney(s) appearing for the Case

Louis Dugas, Jr., Orange, for appellant.

W. C. Lindsey, Dist. Atty., John R. De Witt, Asst. Dist. Atty., Beaumont, and Leon B. Douglas, State's Atty., Austin, for the State.


McDONALD, Judge.

The offense is rape by force; the punishment, twelve years confinement in the state penitentiary.

The state's evidence reflects that the appellant forced the prosecutrix to stop her car while driving home from work, around 11:15 P.M. on the night in question. Appellant then approached her car, identified himself as a police officer, and said he was taking her to jail. His destination, however, was not in truth the city jail, as he drove to...

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