EX PARTE SMITH

No. 58179.

571 S.W.2d 22 (1978)

Ex parte Jessie Russell SMITH.

Court of Criminal Appeals of Texas, Panel No. 2.

September 20, 1978.


OPINION

DALLY, Judge.

This is a post-conviction application for writ of habeas corpus brought under Art. 11.07, V.A.C.C.P. Petitioner seeks relief from his conviction following a plea of guilty to the offense of aggravated rape.

Appellant contends that the indictment is fatally defective for failure to include a necessary element of the offense. He also contends that since the complaining witness was his daughter his prosecution should have been...

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