JOHNSON v. STATE

No. 42432.

449 S.W.2d 65 (1969)

Donald Ray JOHNSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 28, 1970.


Attorney(s) appearing for the Case

Pat McDowell, Dallas (on appeal only), for appellant.

Henry Wade, Dist. Atty., and John B. Tolle, Camille Elliott, James P. Finstrom, Frank Watts, Douglas Mulder and C. H. Erwin, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

ONION, Judge.

The offense is statutory rape; the punishment, life.

In his first three grounds of error appellant vigorously challenges the sufficiency of the evidence to sustain the conviction.

The record reflects that about 9 p. m. on December 23, 1967, the appellant and his wife took the 13 year old prosecutrix for a ride in their automobile, purportedly to get a coke. After stopping at a tavern where the prosecutrix had a soft...

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