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EX PARTE GROVES

No. 58945.

571 S.W.2d 888 (1978)

Ex parte Richard GROVES.

Court of Criminal Appeals of Texas, En Banc.

October 4, 1978.

Attorney(s) appearing for the Case

Roy A. Davis, Irving, for appellant.

Tim Curry, Dist. Atty., and Howard M. Fender, Asst. Dist. Atty., Fort Worth, for the State.

EN BANC.

OPINION

ONION, Presiding Judge.

Richard Groves was indicted by a Tarrant County grand jury for rape of a child, a violation of V.T.C.A., Penal Code, Sec. 21.09. That statute, literally read, makes it a second degree felony for a person to have sexual intercourse with a female not his wife and younger than 17 years.1 The term "sexual intercourse" is defined by V.T.C.A., Penal Code, Sec. 21.01(3), to mean "any penetration of the...

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