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CLARK v. STATE

No. 38891.

397 S.W.2d 460 (1966)

Luther CLARK, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 5, 1966.

Attorney(s) appearing for the Case

Harry A. Nass, Jr., San Antonio (Court Appointed Counsel on Appeal Only), for appellant.

James E. Barlow, Dist. Atty., Charles T. Conaway and Richard M. Casillas, Asst. Dist. Attys., San Antonio, and Leon B. Douglas, State's Atty., Austin, for the State.

BELCHER, Commissioner.

The conviction is for incest; the punishment, seven years.

While testifying, the prosecutrix, age 13, identified the appellant as her father, with whom she had been living before December 6, 1964, and also living with them were six sisters and brothers of the twelve children in the family; and stated that on December 6, her mother returned home from West Texas where she had been several months picking cotton. The prosecutrix testifed...

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