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LOHSE v. STATE

No. 37433.

387 S.W.2d 389 (1965)

August LOHSE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 17, 1965.

Attorney(s) appearing for the Case

Clyde Vinson, William C. McDonald, San Angelo, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.

DICE, Commissioner.

The offense is rape; the punishment, five years.

No statement of facts accompanies the record.

Appellant's sole contention on appeal is that the indictment under which he stands convicted is void because (1) it does not allege venue—i. e., that the offense was committed in Tom Green County, Texas, and (2) it fails to charge an offense because it does not allege that he "unlawfully" committed the assault and rape upon the...

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