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JONES v. STATE

No. 45058.

482 S.W.2d 184 (1972)

James Donald JONES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied July 28, 1972.

Attorney(s) appearing for the Case

Melvyn Carson Bruder, Dallas (Court-appointed on appeal), for appellant.

Henry Wade, Dist. Atty., W. T. Westmoreland, Jr., Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

DAVIS, Commissioner.

This is an appeal from a conviction for rape. After the jury returned a verdict of guilty, punishment was assessed by the court at 65 years.

Appellant first challenges the sufficiency of the evidence to sustain a conviction for rape. The prosecutrix testified that she and her two children were in their apartment in Dallas, on June 11, 1970, and that her husband was working in Houston. About 11:30 P.M., she awoke to find...

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