SMITH v. STATE

No. 43187.

459 S.W.2d 642 (1970)

Lonnie SMITH, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 18, 1970.


Attorney(s) appearing for the Case

Paul W. Leech, Grand Prairie, for appellant.

Henry Wade, Dist. Atty., John B. Tolle, Harry J. Schulz, Jr., Edgar A. Mason, and W. T. Montgomery, Jr., Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

DOUGLAS, Judge.

The conviction is for rape; the State waived the death penalty and the punishment was assessed by the court at sixty years.

The record reflects that the prosecutrix lived with her husband and baby in a large housing project. On the 25th day of April, 1968, she was using a washing machine in a washateria at the housing project where appellant talked to her, exhibited a gun and forced...

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