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SIMON v. STATE

No. 39776.

408 S.W.2d 719 (1966)

Napolean SIMON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 14, 1966.

Attorney(s) appearing for the Case

Charles W. Tessmer, Dallas (On Appeal Only), Ronald R. Waldie, Dallas (On Appeal Only), Ralph L. McDowell, Dallas (On Appeal Only), Emmett Colvin, Jr., Dallas (On Appeal Only), for appellant.

Henry Wade, Dist. Atty., John H. Stauffer and Tom F. Reese, Jr., Asst. Dist. Attys., Dallas and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

BELCHER, Commissioner.

The conviction is for burglary of a private residence at night with the intent to commit rape; the punishment, five years.

The prosecutrix testified that she was a widow, 26 years of age, and on August 6 and 7, 1964, she actually occupied and used as her residence one side of a duplex with her two sons, ages eleven and three; that the other side of the duplex was not occupied during the time here in question; that about...

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