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BREM v. STATE

No. 55467.

571 S.W.2d 314 (1978)

Hugh Winfield BREM, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

September 27, 1978.

Attorney(s) appearing for the Case

Tom Mills, Jr., Dallas, for appellant.

Henry M. Wade, Dist. Atty., Gary Love, Bob Hinton and Tom Lillard, Asst. Dist. Attys., Dallas, for the State.

Before DOUGLAS, PHILLIPS and W. C. DAVIS, JJ.

OPINION

W. C. DAVIS, Judge.

This is an appeal from a conviction for aggravated rape. After a trial before a jury, the court assessed appellant's punishment at forty-five years confinement in the Texas Department of Corrections.

The sufficiency of the evidence to support the conviction is not challenged. The record reflects that on May 13, 1976, a little before 2:00 a. m., the prosecutrix was sleeping on a couch in the living room of her apartment...

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