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BROWN v. STATE

No. 58106.

605 S.W.2d 572 (1980)

Jimmy L. BROWN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

Rehearing Denied October 15, 1980.

Attorney(s) appearing for the Case

Donald L. Curry, Lubbock, for appellant.

Alton R. Griffin, Dist. Atty. and Hollis Browning, Asst. Dist. Atty., Lubbock, Robert Huttash, State's Atty., Austin, for the State.

Before ROBERTS, PHILLIPS and DALLY, JJ.

OPINION

ROBERTS, Judge.

The appellant was found guilty of aggravated rape and was assessed a term of 30 years' confinement. We find a reversible error among 32 grounds set forth by the appellant.

I.

This is another case which must be reversed because of Childs v. State, 491 S.W.2d 907 (Tex.Cr.App.1973), an opinion which was "unsupported by precedent and by reason, and [which has been] overruled...

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