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FREEMAN v. STATE

No. 60950.

618 S.W.2d 52 (1981)

Ivory Lee FREEMAN, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Denied July 15, 1981.

Attorney(s) appearing for the Case

Kerry P. Fitzgerald, Dallas, for appellant.

Henry M. Wade, Dist. Atty., Stanley Keeton, Bob Whaley and Mary Ludwick, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before ODOM, W. C. DAVIS and McCORMICK, JJ.

OPINION

ODOM, Judge.

This is an appeal from a conviction for aggravated rape. Punishment was assessed at life imprisonment.

Appellant contends that the trial court erred in submitting to the jury a charge which authorized conviction on a theory not alleged in the indictment. The pertinent part of the indictment alleged that appellant did:

"knowingly and intentionally have sexual intercourse with Anna Robbins, hereinafter called complainant...

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