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HINES v. STATE

No. 68742.

653 S.W.2d 817 (1983)

Henry Charles HINES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

July 20, 1983.

Attorney(s) appearing for the Case

Gerald A. Woolf, Houston (court-appointed), for appellant.

John B. Holmes, Jr., Dist. Atty., Larry Q. Urquhart and Russell Turbeville, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty. and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the court en banc.

OPINION

DALLY, Commissioner.

This is an appeal from a conviction for the offense of aggravated rape; the punishment is imprisonment for 60 years.

The appellant complains of the court's charge, but he does not focus on the error of the omission of an essential element of the offense which renders the charge fundamentally defective.

The court charged the jury in applying the law to the facts:

"Now if you find from the evidence beyond...

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