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ROBERTS v. STATE

No. 46047.

493 S.W.2d 849 (1973)

Ernest B. ROBERTS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 16, 1973.

Attorney(s) appearing for the Case

Joe E. Griffin, Crockett, for appellant.

Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

The conviction is for rape; the punishment 15 years imprisonment.

The complainant, a thirteen year old daughter of the appellant, lived with her mother in Houston. She travelled to Crockett on the bus to meet the appellant who was going to purchase some clothing for her. The clothing was purchased and the appellant and his daughter ate supper in town at the Dairy Queen Drive-In. After it had become dark that evening the...

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