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BANKS v. STATE

No. 50167.

530 S.W.2d 940 (1975)

James Lee BANKS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 14, 1976.

Attorney(s) appearing for the Case

Sam Saleh and Ricky Smith (Both court-appointed) Lamesa, for appellant.

Joe Smith, Dist. Atty., Seminole, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

The conviction was for the offense of aggravated rape alleged to have occurred on or about October 4, 1974. The jury assessed punishment at twenty years.

The first ground of error contends that appellant was denied due process of law in that his indictment fails to allege all the elements of the offense for which he was convicted.

The indictment contained two counts. The first sought to allege rape (V.T.C.A. Penal Code...

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