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DELGADO v. STATE

No. 61061.

628 S.W.2d 68 (1982)

Lionel M. DELGADO, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

Rehearing Denied March 10, 1982.

Attorney(s) appearing for the Case

Harry Tom Petersen, El Paso, for appellant.

Steve W. Simmons, Dist. Atty. and James C. Butts, Asst. Dist. Atty., El Paso, Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P. J., and W. C. DAVIS and McCORMICK, JJ.

OPINION

McCORMICK, Judge.

This is an appeal from a conviction of attempted rape. Punishment was assessed at six years in the Texas Department of Corrections.

Appellant claims that the trial court erred in refusing his requested instruction defining the term "force." The indictment alleged that appellant

"... with the specific intent to commit the offense of rape, did then and there knowingly and...

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