Carey v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

DOUGLAS, Judge.

This is an appeal from a conviction for the offense of rape. Punishment was assessed by the jury at sixteen years. The prior per curiam opinion of affirmance, see 534 S.W.2d 344, is withdrawn.

The record reflects that the prosecutrix, a college student, was in her car on her way home at about midnight when she realized she was being followed. In an attempt to escape she made a turn down a road and suddenly came to a dead end. She got out of the car, ran through a ditch and went to a street. She was attempting to catch a ride. Appellant…