Gordon v. State

DICE, Judge.

Appellant was convicted of the offense of rape and his punishment fixed at death.

The testimony shows that the prosecutrix was a married woman who worked at a tavern in the city of Houston, and on the night of July 29, 1954, she got off from work around 10:10 o’clock and started walking home.

She testified that as she was walking on Frio Street some 150 feet from her home, a Negro man came up from behind, grabbed her by the arm, turned her around, choked her and threw her down in some weeds and raped her. In describing the attack, the prosecutrix testified that the Negro man told…