SMITH v. STATE

No. 47143.

504 S.W.2d 875 (1974)

Roy Lee SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 6, 1974.


Attorney(s) appearing for the Case

Tracy Crawford, Tyler (Court appointed), for appellant.

Curtis Owen, Dist. Atty., and Pete Menefee, Asst. Dist. Atty., Tyler, Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.


OPINION

DALLY, Commissioner.

The conviction is for rape; the punishment, thirty years' imprisonment.

The questions presented are whether the appellant's confession and evidence alleged to have been unlawfully obtained were erroneously admitted; and whether a charge on the law of circumstantial evidence was erroneously refused.

It is candidly conceded in appellant's brief that the record shows that only a fact issue was raised "as to the voluntariness...

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