OPINION
GREEN, Commissioner.
This appeal is from a conviction for rape in a trial before the court in trial court Cause No. 25,145, conducted February 11, 1977. Punishment was assessed at eight years.
In his sole ground of error, appellant argues the court erred in overruling his plea of former jeopardy.
Appellant was originally charged by indictment presented October 13, 1976, with burglary of a habitation with intent to commit rape. On...
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