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SMITH v. STATE

No. 06-03-00171-CR.

135 S.W.3d 259 (2004)

Samuel E. SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

Decided April 8, 2004.

Attorney(s) appearing for the Case

Ebb B. Mobley, Attorney At Law, Longview, James L. Clark, Attorney At Law, Naples, TX, for appellant.

O.G. Stanley, Morris County District Atty., Daingerfield, TX, for appellee.

Before MORRISS, C.J., ROSS and CARTER, JJ.

OPINION

Opinion by Chief Justice MORRISS.

In the early morning hours of April 27, 2001, Samuel E. Smith, alone in the car with L.R., the woman who had given him a ride home from a friend's birthday party, forcibly tore L.R.'s shirt and bra off of her body, began pulling her hair, and told her she was going to perform oral sex on him and he was going to engage in anal intercourse with her, though his language was, we will say, more vivid. After struggling...

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