OPINION
BROWN, Commissioner.
Appellant was convicted by a jury of assault with intent to commit rape. The jury assessed punishment at 75 years in the Texas Department of Corrections.
The sufficiency of the evidence is not challenged. The record reflects that late in the afternoon of February 10, 1969 a man identified as the appellant entered the complainant's apartment, assaulted the complaining witness and then attempted to rape her. After leaving...
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