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OLIVA v. STATE

No. 43076.

459 S.W.2d 824 (1970)

Antonio OLIVA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 25, 1970.

Attorney(s) appearing for the Case

Phil Pickett, and T. P. Henley, San Antonio, for appellant.

Ted Butler, Dist. Atty., Charles Butts, Bill White and Sparta Bitsis, Asst. Dist. Attys., San Antonio, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

Our prior opinion dismissing this appeal is withdrawn, since the record has now been corrected, and the following is substituted in lieu thereof.

The offense is sodomy; the punishment, eight (8) years.

The indictment alleged and the state's evidence reflects that appellant had carnal copulation with a fellow prisoner in the Bexar County Jail, in his anus, the fellow prisoner submitting by reason of threats of bodily...

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