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PRUETT v. STATE

No. 43193.

463 S.W.2d 191 (1970)

Johnnie PRUETT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 27, 1971.

Attorney(s) appearing for the Case

David L. Tisinger, Austin, for appellant.

Byron L. McClellan, Dist. Atty., Gatesville, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

WOODLEY, Presiding Judge.

Appellant pleaded nolo contendere in the District Court of Coryell County to an indictment returned in said court charging him with the offense of sodomy in that with his penis he penetrated the anus or fundament of the named human being for the purpose of having carnal copulation with him.

The record reflects that appellant was over 17 years of age at the time of the offense and that he confessed that he committed...

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