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GRANT v. STATE

No. 44211.

472 S.W.2d 531 (1971)

Jimmy Lee GRANT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 9, 1971.

Attorney(s) appearing for the Case

Milburn, Hirsch & Warner, by H. Thomas Hirsch, Odessa, for appellant.

John H. Green, Dist. Atty., and J. A. Bobo, Asst. Dist. Atty., Odessa, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for assault with intent to rape. The punishment, enhanced under the provisions of Article 63, Vernon's Ann.P.C., was assessed at life by the court following a guilty verdict.

In his first three grounds of error appellant complains of the admission of a doctor's testimony concerning the results of a test of a vaginal smear taken from the 10 year old prosecutrix since there was no...

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