Gray v. State

OPINION

DAVIS, Commissioner.

This is an appeal from a conviction for rape. The jury assessed the punishment at sixty-three years.

The record reflects that the prosecutrix was a thirty-one year old woman who had left Germany and had been in this country *637for a year. She got off work at the Cattlemen’s Steak House in Fort Worth, at eleven o’clock p. m., on December 8, 1969, and went to her car in the parking lot. It was a cold night, and it took some time to start and warm the engine of her car. While there, appellant got into the car with her. She screamed, honked the horn and struggled with him…