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McDANIEL v. STATE

No. 62875.

642 S.W.2d 785 (1982)

Billy Ray McDANIEL, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Denied January 5, 1983.

Attorney(s) appearing for the Case

Michael L. Graham, Nacogdoches, for appellant.

Herbert B. Hancock, Dist. Atty., Martha J. Sullivan, Asst. Dist. Atty., Nacogdoches, Robert Huttash, State's Atty. and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before ROBERTS, TOM G. DAVIS and W.C. DAVIS, JJ.

OPINION

ROBERTS, Judge.

This appeal is from a conviction of aggravated rape. The jury found the appellant guilty, and, after finding that the single enhancement paragraph was true, assessed punishment at confinement for life.

In his first ground of error, the appellant contends that the indictment is fundamentally defective because it fails to allege that a threat of serious bodily injury was to be imminently inflicted. The indictment alleges...

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