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OLIVER v. STATE

No. 40168.

414 S.W.2d 679 (1967)

Orbie Elmer OLIVER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 24, 1967.

Attorney(s) appearing for the Case

Freddie F. Lee, Pasadena, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and James I. Smith, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

DICE, Judge.

The conviction is for statutory rape; the punishment, ninety-nine years.

Trial was prior to January 1, 1966, under the 1925 Code of Criminal Procedure.

It was shown by the state's testimony that on the date alleged, the eleven-year-old prosecutrix and her twelve-year-old cousin went to a school carnival some block and a half from her home, in the city of Houston. While at the...

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