BRITO v. STATE

No. 43129.

459 S.W.2d 834 (1970)

Gilbert Gille BRITO, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 9, 1970.


Attorney(s) appearing for the Case

Melvyn Carson Bruder, Dallas, Court appointed on appeal, for appellant.

Henry Wade, Dist. Atty., John B. Tolle, Harry J. Schulz, Jr., Edgar A. Mason and W. T. Westmoreland, Jr., Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

ONION, Judge.

The offense is assault with intent to rape; the punishment, 20 years.

The offense was alleged and shown to have occurred on March 24, 1968. Appellant's trial concluded on July 17, 1968, but the appellate record did not reach this court until May 12, 1970, almost 22 months after trial.

The sufficiency of the evidence is not challenged and we do not deem a recitation of the facts essential to the proper disposition of...

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