THORN v. STATE

No. 46527.

491 S.W.2d 425 (1973)

Tracy Lee THORN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 14, 1973.


Attorney(s) appearing for the Case

Pat McDowell, Dallas, for appellant.

Henry Wade, Dist. Atty., John E. Rapier, Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.


OPINION

JACKSON, Commissioner.

Appellant plead nolo contendere before the court to the offense of fondling the sexual parts of a ten year old girl with lascivious intent; the punishment five (5) years.

His first ground of error is that the record shows he was convicted on a date prior to the return of the indictment.

He was tried on May 26, 1972. While it is true that the order reciting the return of the indictment shows it to have occurred...

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