Smith v. State

OPINION

DOUGLAS, Judge.

The conviction is for rape; the State waived the death penalty and the punishment was assessed by the court at sixty years.

The record reflects that the prosecutrix lived with her husband and baby in a large housing project. On the 25th day of April, 1968, she was using a washing machine in a washateria at the housing project where appellant talked to her, exhibited a gun and forced her outside and raped her. Appellant’s defense was alibi.

Prosecutrix testified that she was in the washateria at 11:00 o’clock at night when she noticed a man walk by some three steps away and…