Sandoval v. State

DICE, Judge.

The conviction is for rape; the punishment, life imprisonment.

Appellant was separately tried under an indictment in which he and six other co-defendants were jointly charged with the offense of rape upon Betty Van Cleave, a woman, without her consent and by the use of force, threats and fraud.

The state’s testimony shows that the prosecutrix and her companion, Randall Erekson, after attending a dance on Saturday night, around 1:45 o’clock on Sunday morning, drove to and parked on a road near a lake about two miles west of the town of Refugio. After they had been sitting in the car…