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FRANCO v. STATE

No. 46592.

492 S.W.2d 534 (1973)

Enrique FRANCO, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 25, 1973.

Attorney(s) appearing for the Case

James Whitten, Sinton, for appellant.

Jim D. Vollers, State's Atty., Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

JACKSON, Commissioner.

Appellant was convicted on his plea of not guilty before a jury, of the statutory rape of his 14 year old daughter on or about June 1, 1967; punishment was assessed by the jury at twenty-five (25) years.

Appellant and prosecutrix, aged 14 at the time of the alleged offense, lived at Mathis. The wife of appellant was mentally ill, had been in a state hospital, and lived with...

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