Lacey v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

By the Honorable District Attorney the State files a motion for rehearing urging that the opinion in this case is contrary to Brown v. State, 129 Tex. Cr. R. 82, 83 S. W. (2d) 678, and Douglass v. State, 132 Tex. Cr. R. 258, 103 S. W. (2d) 745. It will be noted that in the cases mentioned the girls who were the objects of the assaults were resisting the advances being made, while in this case the little girl seemed to be submissive to appellant’s advances, notwithstanding which the evidence fails to show that he ever made any effort to insert his…