SMALL v. STATE

No. 43617.

466 S.W.2d 281 (1971)

Glen Alan SMALL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 19, 1971.


Attorney(s) appearing for the Case

T. M. Reid, Abilene, for appellant.

Ed Paynter, Dist. Atty., and Britt Thurman, Asst. Dist. Atty., Abilene, 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 commit rape with the punishment being assessed at five years by the court following a verdict of guilty.

In his first ground of error appellant urges without citation of authority that the indictment is fatally defective since it did not allege that he had the "specific" intent to commit rape. The indictment in part alleged that the appellant "did then...

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