WILBOURN v. STATE

No. 49813.

524 S.W.2d 306 (1975)

Frankie L. WILBOURN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied July 9, 1975.


Attorney(s) appearing for the Case

Charles W. Fairweather and Selden B. Hale, Amarillo, for appellant.

Stephen F. Cross, Dist. Atty., Borger, Jim D. Vollers, State's Atty., David S. McAngus, Asst. State's Atty., Austin, for the State.


OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for murder with malice. The jury assessed punishment at ninety years.

The controlling issue concerns the introduction of evidence of rape committed by appellant and his co-indictee, William Harrison, approximately three days before the homicide.

On the morning of September 15, 1971, workmen spotted a pile of clothing just off the highway outside the city of Borger. Following what...

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