TWOMEY v. STATE

No. 49628.

520 S.W.2d 784 (1975)

Cllnton Earl TWOMEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 16, 1975.


Attorney(s) appearing for the Case

Ross H. Hemphill, Dallas, for appellant.

John Lawhon, Dist. Atty., and Alan L. Levy, Asst. Dist. Atty., Denton, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.


OPINION

GREEN, Commissioner.

Appellant, in a trial before a jury, was convicted of aggravated rape.1 Punishment was assessed at thirty years.

In his second and third grounds of error, appellant contends that the evidence is insufficient to prove lack of consent of the prosecutrix, and to prove that she did not put forth every exertion and means within her power to resist the commission of the alleged rape by appellant...

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