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HOSXIE v. STATE

No. 867-83.

667 S.W.2d 539 (1984)

Dewey Taylor HOSXIE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

April 11, 1984.

Attorney(s) appearing for the Case

Wanda M. Wray, Lubbock, for appellant.

Jim Bob Darnell, Dist. Atty., and Hollis G. Browning, Asst. Dist. Atty., Lubbock, Robert Huttash, State's Atty., Austin, for the State.

Before the Court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

CAMPBELL, Judge.

Appellant was charged with aggravated rape pursuant to V.T.C.A. Penal Code, Sec. 21.03(a)(2)1. Trial was had to a jury; punishment was assessed at seventy-five years confinement in the Texas Department of Corrections. We granted appellant's petition for discretionary review to consider his claim that the indictment in this cause is fundamentally defective...

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