BILLIE v. STATE

No. 58146, 58147.

605 S.W.2d 558 (1980)

Johnny Lee BILLIE and Daniel Clark Billy, Appellants, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

As Modified on Denial of Rehearing October 1, 1980.


Attorney(s) appearing for the Case

Peter A. Lesser (on appeal only), Dallas, for Billie.

John C. Hendrik (court appointed), Dallas, for Billy.

Henry M. Wade, Dist. Atty., Fred C. McDaniel, Robert E. Whaley, and Dan P. Garrigan, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the court en banc.


OPINION

CLINTON, Judge.

These appeals follow convictions for the offense of aggravated rape wherein the jury assessed punishment for both appellants at thirty years confinement.

At the outset, we must address appellants' contentions that the trial court erred in failing to grant their requests for a transcription of the court reporter's notes of their first trial which ended in a hung jury. We conclude, for reasons about to be stated, that under...

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