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SMITH v. STATE

No. 53779.

555 S.W.2d 747 (1977)

Billy Wayne SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

September 21, 1977.

Attorney(s) appearing for the Case

Roland H. Hill, Jr., and Robert C. Roe, Jr., Fort Worth, for appellant.

Tim C. Curry, Dist. Atty., Marvin Collins and David B. Lobingier, Asst. Dist. Attys., Fort Worth, Jim D. Vollers, State's Atty., David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

GREEN, Commissioner.

In a trial before a jury appellant was convicted of rape of a mentally diseased woman. See V.T.C.A. Penal Code, Sec. 21.02(b)(4). Punishment was assessed by the court at ten years.

In his sole ground of error, appellant contends the evidence is insufficient to show he knew the prosecutrix to be so mentally diseased and defective as to be incapable of appraising the nature of the act of sexual intercourse.

The...

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