Johnston v. State

396 S.W.2d 404 (1965)

Leon Willis JOHNSTON, Appellant,

v.

The STATE of Texas, Appellee.

No. 38181.

Court of Criminal Appeals of Texas.

June 2, 1965.

Rehearing Denied October 20, 1965.

Second Motion for Rehearing Denied December 8, 1965.

L. J. Varnell, Jr., Herman Fitts, Mineral Wells, for appellant.

Sam Cleveland, Dist. Atty., Stephensville, and Leon B. Douglas, State's Atty., Austin, for the State.

MORRISON, Judge.

The offense is statutory rape; the punishment, death.

The mother of the injured girl testified that on March 7, 1964, the day after her eighth birthday, her daughter dressed and left the house…