MONTGOMERY v. STATE

Nos. 64450-64452.

639 S.W.2d 948 (1982)

Baby Ray MONTGOMERY, Jackie Lee Pullum & Roy Lee Bosier, Appellants, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

October 20, 1982.


Attorney(s) appearing for the Case

John C. Paschall, Hearne, for appellants.

D.E. Harris, Sp. Prosecutor, Franklin, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION

DALLY, Judge.

The appellants were convicted of the offense of rape; the punishment for each appellant is imprisonment for ten years.

The appellants urge that the trial court erred in its charge to the jury and that the evidence does not support the jury's verdict.

The indictment alleges that the appellants "intentionally" raped the complainant while the charge instructed the jury that it could convict appellants if it found appellants...

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