NICHOLAS v. STATE

No. 44833.

478 S.W.2d 494 (1972)

Frank Louis NICHOLAS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 12, 1972.


Attorney(s) appearing for the Case

Kenneth L. Sanders, Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and Robert C. Bennett, Jr., Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.


OPINION

MORRISON, Judge.

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

The record reflects that appellant entered the dry cleaning establishment owned by the prosecutrix, robbed her, raped her and shot her in the head twice.

Appellant's first ground of error is that the State failed to prove an act of penetration.

The prosecutrix testified directly and specifically that the appellant placed his private part in hers and achieved...

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