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PRESCOTT v. STATE

No. 59850.

610 S.W.2d 760 (1981)

Hosea PRESCOTT, III, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

January 28, 1981.

Attorney(s) appearing for the Case

Will Gray, Houston, for appellant.

Carol S. Vance, Dist. Atty., Alvin M. Titus and Ted Wilson, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before TOM G. DAVIS, McCORMICK and TEAGUE, JJ.

OPINION

TEAGUE, Judge.

Appeal is take from from a conviction for burglary of a habitation with intent to commit the felony of rape, V.T.C.A. Penal Code, Section 30.02(a)(1), (d)(1). Trial was before the court on a plea of not guilty and punishment was assessed at 35 years' confinement in the Texas Department of Corrections.

In appellant's second ground of error, he contends the evidence is insufficient...

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