SWINDELL v. STATE

No. 45637.

491 S.W.2d 400 (1973)

Earl SWINDELL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 14, 1973.


Attorney(s) appearing for the Case

Otto C. Stephani, Jr., Fort Worth, William R. Magnussen, Fort Worth (On Appeal only), for appellant.

Doug Crouch, Dist. Atty., and Roger Crampton, Asst. Dist. Atty., Fort Worth, and Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.


OPINION

ONION, Presiding Judge.

This appeal is taken from a rape conviction where the punishment was assessed at 25 years.

The sufficiency of the evidence is not challenged. Suffice it to say that the State's evidence reflects the appellant drove the prosecutrix in his car to a deserted location near Lake Arlington and there, by force and threats, raped the prosecutrix without her consent. She was finally...

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