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SHERBERT v. STATE

No. 50837.

531 S.W.2d 636 (1976)

Leon Jack SHERBERT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 21, 1976.

Attorney(s) appearing for the Case

Douglas H. Parks, Dallas, for appellant.

Henry Wade, Dist. Atty., Gary Love, Robert Hinton and Dale Markland, Asst. Dist. Attys., Dallas, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for rape of a child as denounced by V.T.C.A. Penal Code, Sec. 21.09. Punishment was assessed by the jury at twenty years.

The indictment alleged the offense occurred on or about May 19, 1974 and the record reflects that trial was in November, 1974.

At the outset, appellant contends that "the evidence is insufficient for the reason that...

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