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McALLISTER v. STATE

No. 45570.

489 S.W.2d 887 (1973)

Jesse Lee McALLISTER, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 7, 1973.

Attorney(s) appearing for the Case

Walter B. Conway, Houston, for appellant.

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

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for the offense of rape. The jury assessed the punishment at forty years.

The record reflects that on April 18, 1970, at approximately 10:00 p. m., the prosecutrix was at a drug store in Houston when the appellant, whom she had known previously and whom she called "Tootie Mack," came up from behind her, grabbed her arm and ordered her to go with him. She told him that she did not want to...

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