HALFORD v. STATE

No. 39087.

400 S.W.2d 339 (1966)

James Ralph HALFORD, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 16, 1966.


Attorney(s) appearing for the Case

Tom Brookman (On Appeal Only), Fort Worth, for appellant.

Doug Crouch, Dist. Atty., Roland H. Hill, Jr., and Truman Power, Asst. Dist. Attys., Fort Worth, and Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Judge.

Our prior opinion is withdrawn.

The offense is statutory rape; the punishment, 10 years.

Trial was upon a plea of guilty.

Both appellant and the 14 year old girl, who was not his wife, testified that the act of intercourse occurred, she testifying that it was over her protest, while appellant testified that it was without force.

The court, in his charge, instructed the jury to find appellant guilty and assess his punishment...

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