Smith v. State

RAMSEY, Judge.

This is the second appeal of this case. The opinion on the former appeal will be found in 56 Texas Crim. Rep., 316, where a full statement of the facts is given. The facts on the trial from which this appeal resulted were in a general way the same. It is unnecessary to make any special reference to them further than to illustrate the matter herein decided. On the trial from which this appeal results appellant was again found guilty of the charge of rape and his punishment assessed at confinement in the penitentiary for a period of sixty years.

On cross-examination of the…