PARTIDA v. STATE

No. 47743.

506 S.W.2d 209 (1974)

Rodrigo PARTIDA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 27, 1974.


Attorney(s) appearing for the Case

David G. Hall, San Juan, for appellant.

Oscar McInnis, Dist. Atty., Thomas P. Berry, Asst. Dist. Atty., Edinburg, Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin for the State.


OPINION

JACKSON, Commissioner.

The conviction by jury trial was for burglary of a private residence at night with the intent to commit rape on a plea of not guilty; the punishment by the court, eight (8) years.

The sufficiency of the evidence is not challenged and need not be recited.

On motion for new trial appellant raised the question that he was convicted without due process of law because the grand jury which indicted him was illegally...

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