JOHNSTON v. STATE

No. 38181.

396 S.W.2d 404 (1965)

Leon Willis JOHNSTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 20, 1965.

Second Motion for Rehearing Denied December 8, 1965.


Attorney(s) appearing for the Case

L. J. Varnell, Jr., Herman Fitts, Mineral Wells, for appellant.

Sam Cleveland, Dist. Atty., Stephensville, and Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Judge.

The offense is statutory rape; the punishment, death.

The mother of the injured girl testified that on March 7, 1964, the day after her eighth birthday, her daughter dressed and left the house at 5:20 p. m. to go for a walk in the neighborhood with instructions not to go farther than Second Avenue, that at 5:55 p. m. her daughter came running home screaming and crying and said "Oh Mother, this man took me out away out into the country and...

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