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JOHNSON v. STATE

No. 48555.

510 S.W.2d 944 (1974)

Howard Dan JOHNSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 26, 1974.

Attorney(s) appearing for the Case

Dale Long, Tyler, for appellant.

Curtis L. Owen, Dist. Atty. and Howard W. Britain, Asst. Dist. Atty., Tyler, Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ONION, Presiding Judge.

This appeal is taken from a conviction for rape wherein the jury assessed punishment at one hundred (100) years' confinement in the Department of Corrections.

Appellant does not challenge the sufficiency of the evidence. Suffice it to say the State's evidence reflects that after arriving home from a concert about midnight on January 20, 1973, the 14 year old prosecutrix...

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