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MYERS v. STATE

No. 43979.

468 S.W.2d 847 (1971)

Larry Jack MYERS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

July 7, 1971.

Attorney(s) appearing for the Case

Abney & Burleson by James A. Mills, Dallas, Court-appointed for defendant-appellant.

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

OPINION

MORRISON, Judge.

The offense is rape; the punishment, fifty-five (55) years.

Appellant first contends that the trial court erred in failing to sustain the following objection to the Court's charge to the jury:

"Defendant objects to that portion of the charge which is paragraph #2 of the charge beginning with `You are further instructed that you are not to discuss among yourselves how long the' and ending with `and the Governor...

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