WILHELMI v. STATE

No. 38087.

388 S.W.2d 687 (1965)

Francis M. WILHELMI, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 7, 1965.


Attorney(s) appearing for the Case

King C. Haynie, Houston (on appeal only by appointment of trial court), for appellant.

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


DICE, Commissioner.

The offense is sodomy; the punishment, fifteen years.

The prosecutrix, fourteen years of age on the date of the alleged offense, whose mother was deceased, lived with appellant, her stepfather. Her half-brother and sister also lived in the home.

She testified that on the 22nd day of May, 1964, the appellant came into the room where she and her sister were in bed. He had been drinking and ordered the sister to leave the room. After...

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