HERNANDEZ v. STATE

No. 40979.

425 S.W.2d 653 (1968)

John Torres HERNANDEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 10, 1968.


Attorney(s) appearing for the Case

Will Gray, Houston (on appeal), for appellant.

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


OPINION

WOODLEY, Presiding Judge.

The offense is rape; the punishment, 13 years.

The evidence shows the rape of the 4 year old girl named in the indictment, on February 28, 1966, in the home of the 17 year old appellant where the little girl and other children had been left in the care of appellant's mother as baby sitter.

The grounds of error relate to the admission in evidence of appellant's...

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