CAREY v. STATE

No. 51413.

537 S.W.2d 757 (1976)

Henry Lee CAREY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 16, 1976.


Attorney(s) appearing for the Case

Bill Pedersen, Jr., Nacogdoches (court appointed on appeal only) for appellant.

Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.


OPINION ON APPELLANT'S MOTION FOR REHEARING

DOUGLAS, Judge.

This is an appeal from a conviction for the offense of rape. Punishment was assessed by the jury at sixteen years. The prior per curiam opinion of affirmance, see 534 S.W.2d 344, is withdrawn.

The record reflects that the prosecutrix, a college student, was in her car on her way home at about midnight when she realized she was being followed. In an attempt to escape she made a turn down...

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