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JAMES v. STATE

No. 52861.

554 S.W.2d 680 (1977)

Ivary JAMES, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied September 14, 1977.

Attorney(s) appearing for the Case

Barry P. Helft, Dallas, for appellant.

Henry Wade, Dist. Atty., W. T. Westmoreland, Jr., Dale G. Markland, and Jim Burnham, Asst. Dist. Attys., Dallas, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

GREEN, Commissioner.

This appeal is from a conviction for aggravated rape in which the punishment was assessed at ninety-nine years.

The record reflects that appellant was fifteen years six and a half months old when the alleged offense was committed on May 13, 1975, and that he was sixteen years four days of age at the time of the trial on November 3, 1975. A supplemental transcript reflects that at a hearing in the Juvenile Court of Dallas...

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