LEE v. STATE

No. 42729.

454 S.W.2d 207 (1970)

Robert Earl LEE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 10, 1970.


Attorney(s) appearing for the Case

Will Gray, Houston, for appellant.

Carol C. Vance, Dist. Atty., James C. Brough and Ted Busch, Asst. Dist. Attys., Fort Worth, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

MORRISON, Judge.

The offense is rape; the punishment, life.

Appellant's first ground of error is that the court failed to charge the jury on the law of alibi. Prosecutrix placed the time of the assault at approximately 10:10 a. m. Other witnesses placed him at his job site two or three miles from the scene of the assault at approximately 10:15 a. m. on the day charged in the indictment. Appellant was travelling by his automobile on that day...

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