ORTEGA v. STATE

No. 43084.

462 S.W.2d 296 (1970)

Melchor ORTEGA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 31, 1970.


Attorney(s) appearing for the Case

Charles A. Tucker, Marvin O. Teague, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Erwin G. Ernst, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

MORRISON, Judge.

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

Prosecutrix, while asleep in bed with her husband and three year old daughter, was awakened by her husband's remark, "Oh my God, no." She then saw a man, whom she positively identified as appellant, standing near the bed. He commanded prosecutrix's husband to turn his face to the wall, and brandished a knife with a hooked blade at the husband, with vile threats that he...

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