De La Rosa v. State

317 S.W.2d 544 (1958)

Neftaly DE LA ROSA, Appellant,

v.

The STATE of Texas, Appellee.

No. 29891.

Court of Criminal Appeals of Texas.

June 25, 1958.

Rehearing Denied October 29, 1958.

Clifton H. Tupper, Francis G. Culhane, San Angelo, for appellant.

Justin A. Kever, Dist. Atty., San Angelo, and Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Judge.

The offense is rape by force; the punishment, forty-five years.

The evidence shows that appellant and three other young men forced the fifteen year old prosecutrix, whom they had never seen before, into a car, drove to an isolated spot and each…