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COBBINS v. STATE

No. 40972.

423 S.W.2d 589 (1968)

Walter Lee COBBINS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 7, 1968.

Attorney(s) appearing for the Case

Emmett Colvin, Jr., Dallas (On Appeal Only), for appellant.

Henry Wade, Dist. Atty., John Vance, Curtis Glover and Kerry P. Fitzgerald, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

WOODLEY, Presiding Judge.

The offense is rape; the punishment, life.

Three grounds of error are set forth in appellant's brief. Ground 1 complains that the charge to the jury at the hearing on punishment is fundamentally defective in that it authorizes the jury to find that appellant had been previously convicted of a felony.

The state did not seek the death penalty. Appellant filed application for probation and elected to have the...

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