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BROCK v. STATE

No. 24889.

233 S.W.2d 143 (1950)

BROCK v. STATE.

Court of Criminal Appeals of Texas.

On Rehearing October 18, 1950.

Attorney(s) appearing for the Case

None on appeal, for appellant.

George P. Blackburn, State's Atty., of Austin, for the State.

DAVIDSON, Commissioner.

This is a conviction for rape; the punishment, 30 years in the penitentiary.

The indictment, as same appears in the transcript, does not conclude with the phrase, "against the peace and dignity of the State," as required by the mandatory provisions of our Constitution, Art. V, Sec. 12, Vernon's Ann.St. Such an indictment is fatally defective. See Note 5, Art. V, Sec. 12, Vernon's Annotated Constitution of Texas.

The judgment...

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