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WATSON v. STATE

No. 51936.

548 S.W.2d 676 (1977)

Carl WATSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 30, 1977.

Attorney(s) appearing for the Case

Randy L. Schaffer, Jr., Houston, court appointed on appeal only, for appellant.

Carol S. Vance, Dist. Atty., Phyllis M. Bell and David Crump, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

ONION, Presiding Judge.

This appeal arises out of a conviction for the offense of rape. V.T.C.A., Penal Code, § 21.02. Punishment was assessed by the court at twelve (12) years' confinement in the Department of Corrections following a verdict of guilty.

Initially appellant challenges the sufficiency of the indictment on appeal contending that it was fundamentally defective. There was no motion to quash filed in the trial court.

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