TALKINGTON v. STATE

No. 11-83-288-CR.

682 S.W.2d 674 (1984)

Bart TALKINGTON, Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, Eastland.

Rehearing Denied January 10, 1985.


Attorney(s) appearing for the Case

James Murphy, Dallas, for appellant.

Henry M. Wade, Criminal Dist. Atty., Dallas, for appellee.


McCLOUD, Chief Justice.

The jury convicted appellant of rape and set his punishment at confinement in the Texas Department of Corrections for a term of five years.

On March 24, 1983, appellant and James Parker met the complainant at a bar. After leaving the bar, appellant purchased champagne which the three drank as they rode around in appellant's van. It is undisputed that appellant and Parker had sexual intercourse with the complainant in the van. The dispute...

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