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SAN ROMAN v. STATE

No. 08-82-00343-CR.

681 S.W.2d 872 (1984)

Pascual Sambrano SAN ROMAN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, El Paso.

November 28, 1984.

Attorney(s) appearing for the Case

Harry Tom Petersen—only on appeal, El Paso, for appellant.

Steve W. Simmons, Dist. Atty., El Paso, for appellee.

Before STEPHEN F. PRESLAR, C.J., and WARD and OSBORN, JJ.

OPINION

WARD, Justice.

This is an appeal from a jury conviction for the offense of aggravated rape. The jury assessed punishment at fifty years imprisonment. We reverse and remand.

In Ground of Error No. One, the Appellant asserts that the court erred by including the phrase "unlawfully" in that portion of the charge to the jury applying the requisite mental state. The application portion of the charge read in pertinent part:

Therefore,...

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