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JOHNSTON v. STATE

No. 40355.

418 S.W.2d 522 (1967)

J. J. JOHNSTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 4, 1967.

Attorney(s) appearing for the Case

Cox & Hurt, by Joe L. Cox, Plainview, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

WOODLEY, Presiding Judge.

The offense is sodomy; the punishment, 12 years.

The indictment alleged that on or about the 5th day of February, 1966, appellant used his mouth on the sexual parts of one Graham for the purpose of having carnal copulation.

The state's evidence reflects that appellant committed the act as charged in his apartment, in Plainview, upon Graham, a 16 year old boy, in the presence of 16 year old Easley and 17 year...

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