Brown v. 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 finished her work at 11:30 P.M., and went to another nearby cafe to eat and meet her estranged husband. Soon thereafter, her husband had an argument with another woman and went out on the street, where he engaged in a fight with some men who beat him and drug him into a car and drove away. The witness went out into the street, screaming and hollering at the other men to…