Ellzey v. State

259 S.W.2d 211 (1953)

ELLZEY

v.

STATE.

No. 26301.

Court of Criminal Appeals of Texas.

May 6, 1953.

Rehearing Denied June 17, 1953.

L. G. Mathews, Brownsville, Jack Skaggs, Harlingen, J. R. Owen, Taylor, for appellant.

W. H. Davis, Jr., County Atty., Georgetown, F. T. Graham, County Atty., Brownsville, Wesley Dice, State's Atty., of Austin, for the State.

BELCHER, Commissioner.

The offense is rape; the punishment, confinement in the penitentiary for ninety nine years.

The trial was had in Williamson County on a change of venue from Cameron County.

Patsy Lee Biggs, the seven-year old victim, testified that…