McNAIRY v. STATE

No. 44152.

473 S.W.2d 209 (1971)

Jeff McNAIRY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 14, 1971.


Attorney(s) appearing for the Case

Robert B. Maloney, Dallas, for appellant.

Henry Wade, Dist. Atty., James S. Moss, Asst. Dist. Atty., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

MORRISON, Judge.

Rape is the offense; the punishment, fifty (50) years.

Appellant presents one ground of error on appeal. Appellant was indicted for rape by force, threats and fraud. We overrule his contention that the evidence is insufficient to sustain the conviction because the proof failed to show that the prosecutrix was threatened in such manner as to reasonably create a just fear of death or great bodily harm or that she made every...

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