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SMOTHERMAN v. STATE

No. 42788.

455 S.W.2d 285 (1970)

Leon SMOTHERMAN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 29, 1970.

Attorney(s) appearing for the Case

Leslie Cook (Court-appointed), Hugh Snodgrass (Court-appointed), Dallas, for appellant.

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

OPINION

BELCHER, Judge.

The offense is rape of a female under the age of 18 years; the punishment, 15 years.

This appeal is from the retrial of a conviction had in 1961 for statutory rape alleged to have occurred on September 26, 1960; and from a sentence of 99 years there was no appeal. This conviction was vacated by an order of a Federal Court (Smotherman v. Beto, D.C., 276 F.Supp. 579) on November 24, 1967...

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