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ALMANZA v. STATE

No. 2-81-340-CR.

645 S.W.2d 885 (1983)

Cipriano Ramon ALMANZA, Jr., Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Rehearing Denied February 16, 1983.

Discretionary Review Refused May 4, 1983.

Attorney(s) appearing for the Case

Lee Ann Dauphinot, Fort Worth, for appellant.

Tim Curry, Dist. Atty. and James J. Heinemann, Asst. Dist. Atty., Fort Worth, for appellee.

Before the court en banc.

OPINION ON MOTION FOR REHEARING

FENDER, Chief Justice.

Our prior opinion is withdrawn.

We reverse and remand.

Although many recent opinions have offhandedly dismissed the changing of "and" in the indictment to "or" in the court's charge, such approach is dangerous and usually fatal in matters where aggravation or jurisdiction is involved. In the instant cause of aggravated rape the indictment joined the allegation...

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