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FANCHER v. STATE

No. 68573.

659 S.W.2d 836 (1983)

Johnny FANCHER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

November 16, 1983.

Attorney(s) appearing for the Case

John Mann, Amarillo, for appellant.

Danny E. Hill, Dist. Atty. and Ken Johnson, Asst. Dist. Atty., Amarillo, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

MILLER, Judge.

This is an appeal from a conviction of aggravated rape of a child. In a trial before a jury, appellant was found guilty and punishment was assessed at 40 years in prison and a $10,000 fine.

Appellant complains on appeal that there is insufficient evidence to support his conviction inasmuch as there is no evidence that the child sustained serious bodily injury; the trial court committed fundamental error in its charge to the...

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