TODD v. STATE

No. 43715.

466 S.W.2d 559 (1971)

Donald Preston TODD, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 12, 1971.


Attorney(s) appearing for the Case

Thomas A. Autry, Austin (on appeal only), for appellant.

Robert O. Smith, Dist. Atty., Harold Jaquet and Lawrence Wells, Asst. Dist. Attys., Austin, Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of rape. The state did not file a declaration that it would seek the death penalty and appellant waived his right to a trial by jury. Punishment was assessed by the court at 16 years.

The sufficiency of the evidence is challenged.

The record reflects that the prosecutrix, an 18 year old girl, was at Shipe Park, on 45th Street in Austin, at approximately 1:00 A.M. on June...

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