DeVONISH v. STATE

No. 46644.

500 S.W.2d 800 (1973)

Gordon O. DeVONISH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied November 21, 1973.


Attorney(s) appearing for the Case

Robert E. Kozlowski and Andres Hernandez, Jr., San Antonio, for appellant.

Ted Butler, Dist. Atty., Fred Rodriguez, Gus Wilcox and Antonio Cantu, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

JACKSON, Commissioner.

This is an appeal from a conviction for rape; the punishment, fifty (50) years.

The prosecutrix was in the apartment where she lived with her husband on October 13, 1971, at about 1:20 P.M. watching television, in San Antonio near Fort Sam Houston, when appellant, a black man, opened the door and walked in. He said, "This is a stick-up, don't scream," and carried a jacket over his right hand which prosecutrix believed...

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