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THOMAS v. STATE

No. 43741.

466 S.W.2d 782 (1971)

Jack Clayton THOMAS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 19, 1971.

Attorney(s) appearing for the Case

Cutrer & Jefferson by Walter Jefferson, Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and Jimmy James, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for assault with intent to rape. The trial was before the court on a plea of not guilty. The punishment was assessed at five years, probated.

All of the grounds of error challenge the sufficiency of the evidence.

The indictment charged the appellant with assault with intent to rape Paula Cherry, a female under the age of eighteen years. The proof shows that Paula Cherry was the fourteen...

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