Massey v. State

447 S.W.2d 161 (1969)

Billy Gene MASSEY, Appellant,

v.

The STATE of Texas, Appellee.

No. 42225.

Court of Criminal Appeals of Texas.

September 22, 1969.

Rehearing Denied December 10, 1969.

Robert Scogin and Glen Williamson, Kermit, for appellant.

Calvin W. Wesch, Dist. Atty., Grover Swift, County Atty., Kermit, Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

WOODLEY, Presiding Judge.

The offense is rape; the punishment, 10 years.

The indictment contained two counts. The first count, upon which the case was submitted to the jury, alleged that appellant, on or about June 10, 1968, made an…