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EASLEY v. STATE

No. 42789.

454 S.W.2d 758 (1970)

Aubrey Joe EASLEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 2, 1970.

Attorney(s) appearing for the Case

Lawrence R. Green, Dallas, for appellant.

Henry Wade, Dist. Atty., John B. Tolle, Camille Elliott, Harry J. Schulz, Jr., and William T. Westmoreland, Jr., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ONION, Judge.

This is an appeal from a conviction for rape by force with the punishment assessed at life.

The record reflects that at approximately 10:30 p. m. on October 2, 1967, the prosecutrix and her 7 year old daughter were preparing to go to bed in their one bedroom apartment in the City of Dallas. The prosecutrix's husband, a taxi driver, was working the night shift on October 2 and was not expected to come home until the early morning...

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