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SMITH v. STATE

No. 41697.

437 S.W.2d 835 (1968)

Charles C. SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 19, 1969.

Attorney(s) appearing for the Case

Marvin O. Teague, Houston, on appeal only, for appellant.

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

OPINION

MORRISON, Judge.

The offense is Rape; the punishment, Death.

Appellant's first ground of error is his contention that the evidence is insufficient to support the conviction. Great stress is placed upon the fact that the attacker forced the prosecutrix to cover her face and did not permit her to look at him. We have examined the record with care and find several instances in which the prosecutrix...

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