No. 59134.

586 S.W.2d 529 (1979)

John Lewis HEBERT, Appellant, v. The STATE of Texas, Appellee.

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

September 19, 1979.

Attorney(s) appearing for the Case

Thomas M. Roberson, Houston, for appellant.

Carol S. Vance, Dist. Atty., Calvin A. Hartmann and W. F. Roberts, Jr., Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P. J., ODOM and DALLY, JJ., and KEITH, Commissioner.


KEITH, Commissioner.

Appellant was charged in a three-count indictment with sexual abuse of a child under the age of 17 years as defined in V.T.C.A., Penal Code, Sec. 21.10(a); rape of a child under the age of 17 years of age as defined in V.T.C.A., Penal Code, Sec. 21.09(a); and rape by force and threats as mentioned in V.T.C.A., Penal Code, Sec. 21.02(b)(1) and (2).

While there was the word "SECOND" to be found between counts one and two...


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