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GIBBS v. STATE

No. 52605.

544 S.W.2d 403 (1976)

Melton Waters GIBBS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 5, 1977.

Attorney(s) appearing for the Case

Glenn E. Eakman, Hurst, for appellant.

Tim C. Curry, Dist. Atty. and Candyce W. Howell, Asst. Dist. Atty., Fort Worth, Jim D. Vollers, State's Atty. and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

BROWN, Commissioner.

Appellant was found guilty of rape by a jury and the jury assessed his punishment, enhanced by a prior rape conviction, at 20 years.

The indictment charged appellant with the rape and in paragraph two charged a prior conviction of grand larceny in the State of Alabama, in paragraph three with a prior conviction of the offense of rape in the State of Wisconsin, and in paragraph four of a prior conviction of rape in the...

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