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INESS v. STATE

No. 55612.

606 S.W.2d 306 (1980)

Roy Clifton INESS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

September 10, 1980.

Attorney(s) appearing for the Case

John W. Cliff, Jr., Odessa, court appointed on appeal, for appellant.

John H. Green, Dist. Atty. and Dennis Cadra, Asst. Dist. Atty., Odessa, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

DOUGLAS, Judge.

Appellant was convicted of rape under the former code, Article 1183, V.A.P.C. The jury assessed his punishment at twenty-five years.

The main contention is that the prosecution suppressed evidence. We hold that the report allegedly suppressed was not exculpatory. There must be a suppression of material evidence according to all of the cases before a case will be reversed. The alleged...

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