BUTCHER v. STATE

No. 27238.

275 S.W.2d 672 (1955)

Harry F. BUTCHER, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 12, 1955.


Attorney(s) appearing for the Case

Merrit F. Hines, Midland, Harold H. Young, Guy A. McFarland, Odessa, for appellant.

Wesley Dice, State's Atty., Austin, for the State.


WOODLEY, Judge.

Appellant pleaded guilty to the charge of rape by force and the jury assessed the death penalty.

The evidence shows that appellant appeared at the back door of the home of the prosecutrix and her husband, about 5:30 or 5:45 A.M., and when the husband opened the door, presented a pistol and said "Take it cool, real cool." He then directed the prosecutrix to tie her husband's hands behind him and backed him into a closet with the gun, then had...

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