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BOSTON v. STATE

No. 081-82.

642 S.W.2d 799 (1982)

William Douglas BOSTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

December 22, 1982.

Attorney(s) appearing for the Case

Lawrence B. Mitchell, Dallas, for appellant.

Henry Wade, Dist. Atty., Jeffrey B. Keck, Cathy Crier and Ron Poole, 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 ON STATE'S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

In a jury trial appellant was convicted of attempted rape and was sentenced to confinement for three years. The Court of Appeals held that fundamental error in the jury charge required reversal, Boston v. State, 629 S.W.2d 774 (Tex.App.—Dallas 1981), and we granted the State's petition for discretionary review in order to consider that issue...

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