GEPHART v. STATE

No. 25462.

249 S.W.2d 612 (1952)

GEPHART v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied May 21, 1952.

Second Motion for Rehearing Denied June 18, 1952.


Attorney(s) appearing for the Case

Hobart Huson, Jr., San Antonio, for appellant.

Bob Long, Dist. Atty., Thomas D. Blackwell, Asst. Dist. Atty., Austin, George P. Blackburn, State's Atty., of Austin, for the State.


MORRISON, Judge.

The offense is rape of a female under the age of eighteen years; the punishment, death.

The prosecutrix testified that she was eight years old; that she had met appellant, a school teacher, at the city playground during the summer preceding the day charged in the indictment, that, on the Saturday following Thanksgiving in 1949, appellant had come to her parents' home with an eight or nine-year old girl, who he claimed was his niece, gotten...

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