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MORROW v. STATE

No. 38345.

396 S.W.2d 386 (1965)

Hubert Wayne MORROW, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 20, 1965.

Second Motion for Rehearing Denied December 15, 1965.

Attorney(s) appearing for the Case

D. B. Mason, Dallas, Phil Burleson, Dallas (On Appeal Only), for appellant.

Henry Wade, Dist. Atty., Ross Teter, W. John Allison, Jr., John Vance and Tom Reese, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Judge.

The offense is burglary of a private residence at night; the punishment, 20 years.

The indictment alleged the burglary of the private residence of Julius C. Roberson with intent to commit a felony, to wit, to ravish and have carnal knowledge of a named female under the age of 18 years who was an occupant of said house.

Reversal is sought upon the ground that the indictment is fatally defective in that there was no allegation that the...

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