BRANCH v. STATE

No. 42306.

447 S.W.2d 932 (1969)

Elmer BRANCH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 10, 1969.


Attorney(s) appearing for the Case

J. G. Souris, Vernon, for appellant.

Bill Neal, Dist. Atty., Vernon, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

WOODLEY, Presiding Judge.

The offense is rape by force; the punishment, death.

The record reflects that the victim, a widow, lived alone some twelve miles north of Vernon and a distance of about two blocks from the home of her son. Testifying at the trial she positively identified appellant as the Negro man who, about 2 A.M., after gaining entrance into her house through a window, by force ravished and had sexual intercourse with her, and...

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