SIMMONS, Retired Circuit Judge.
Appellant-defendant, an indigent here and below, was indicted in Cleburne County for rape, tried and convicted on a plea of not guilty. The jury fixed punishment at ten years imprisonment. Judgment was properly entered and this appeal followed.
It appears that the alleged offense occurred on July 10,1973, about 10:30 or 11:00 A.M. This indictment was not the first indictment for the offense. The first indictment was fatally...
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