PHILLIPS v. STATE

No. 41317.

429 S.W.2d 897 (1968)

Bruce PHILLIPS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied July 24, 1968.


Attorney(s) appearing for the Case

Fred J. Finch, Jr., Dallas, Tom Moore, Jr., Waco, for appellant.

Martin D. Eichelberger, Dist. Atty., George Allen, Asst. Dist. Atty., Waco, and Leon B. Douglas, State's Atty., Austin, for the State.


OPINION

ONION, Judge.

The offense is rape; the punishment, assessed by the jury, 99 years in the Texas Department of Corrections.

A recitation of the facts is unnecessary to the proper disposition of this appeal. The State's evidence shows the rape of the white prosecutrix, who was several months pregnant, at gunpoint by the Negro appellant. Appellant, testifying in his own behalf, admitted having sexual intercourse with the prosecutrix but contended...

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