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WAFFER v. STATE

No. 47297.

504 S.W.2d 408 (1974)

Samuel T. WAFFER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 13, 1974.

Attorney(s) appearing for the Case

Leonard C. Craig, Tyler, for appellant.

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

OPINION

GREEN, Commissioner.

This is an appeal from a conviction in a trial before a jury of rape. Punishment was assessed at seventy-five (75) years.

The facts in evidence are substantially as set forth in Waffer v. State, Tex.Cr. App., 500 S.W.2d 659. That case involved an assault upon the companion of the prosecutrix herein with the intent to rob. Except as necessary to pass upon the grounds of error raised...

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