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FERGUSON v. STATE

No. 56536.

579 S.W.2d 2 (1979)

Jerry FERGUSON, Appellant, v. The STATE of Texas, Appellee.

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

April 4, 1979.

Attorney(s) appearing for the Case

Bruce Roberson, Perryton, for appellant.

William L. Rivers, County Atty., Perryton, Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P. J., PHILLIPS and TOM G. DAVIS, JJ., and KEITH, C.

OPINION

QUENTIN KEITH, Commissioner.

Appellant was indicted for deviate sexual intercourse with a child who was under the age of seventeen years. V.T.C.A., Penal Code, Sec. 21.10. Prior to trial, a jury determined that he was competent to stand trial. Whereupon, appellant waived a jury and was found guilty in a bench trial with his punishment being assessed at four years.

Although the appellant does not...

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