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PURYEAR v. STATE

No. 48446.

510 S.W.2d 356 (1974)

Thomas PURYEAR, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 5, 1974.

Attorney(s) appearing for the Case

Charles W. Fairweather, Amarillo, for appellant.

Guy Hardin, Dist. Atty., Pampa, Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is rape; the punishment, 99 years.

Ground of error one complains of the court's failure to grant appellant's motion for change of venue when the State did not file controverting affidavits. Reliance is had upon Flores v. State, Tex.Cr. App., 493 S.W.2d 785. It should be noted, however, that when the hearing on the motion was held appellant announced ready and made no objection...

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