Brown v. State

353 S.W.2d 425 (1961)

Cecil Lester BROWN, Appellant,

v.

The STATE of Texas, Appellee.

No. 33781.

Court of Criminal Appeals of Texas.

December 13, 1961.

Rehearing Denied January 31, 1962.

Peter P. Cheswick, Houston, for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally, Erwin G. Ernst, Asst. Dist. Attys, Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

McDONALD, Judge.

Rape is the offense; the punishment, death.

The State's testimony reflects that the complaining witness, Dora Ybarra, 28 years of age and the mother of four children, was employed as a waitress at a cafe. She…