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SIMMONS v. STATE

No. 42716.

456 S.W.2d 66 (1970)

Robert Gene SIMMONS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied July 15, 1970.

Attorney(s) appearing for the Case

Victor R. Blaine, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Shelly P. Hancock, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Attorney, Austin, for the State.

OPINION

WOODLEY, Presiding Judge.

The offense is rape by force and threats; the punishment, eight years.

Appellant filed motion, at the time of entering his plea of not guilty, requesting that the jury assess the punishment in the event a verdict of guilty was returned. He also filed written motion for probation in which he swore that he had never been convicted of a felony in this state or any other state.

Appellant's brief sets forth two...

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