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ALLEN v. STATE

No. 271-84.

700 S.W.2d 924 (1985)

Virgil Dean ALLEN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En banc.

December 4, 1985.

Attorney(s) appearing for the Case

Bob Gilbert, McKinney, Danny D. Burns (court appointed), John H. Read, III, Grand Prairie, for appellant.

H. Ownby, Dist. Atty. and Roger V. Dickey, Randall A. Blake and Amanda Green, Asst. Dist. Attys., McKinney, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

ONION, Presiding Judge.

Appellant was convicted of aggravated rape. The jury assessed his punishment at 30 years' imprisonment.

On appeal appellant advanced five grounds of error. The first three grounds of error read:

"The trial court erred in not allowing testimony of the prosecutrix's prior sexual activity to refute the misleading testimony...

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