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ALMANZA v. STATE

No. 2-81-340-CR.

696 S.W.2d 282 (1985)

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

Court of Appeals of Texas, Fort Worth.

September 25, 1985.

Attorney(s) appearing for the Case

Lee Ann Dauphinot, Fort Worth, for appellant.

Tim Curry, Dist. Atty., and C. Chris Marshall, Asst. Dist. Atty., Fort Worth, for State.

Before the court en banc.

OPINION

FENDER, Chief Justice.

On original submission this court issued an opinion affirming the conviction of Cipriano Ramon Almanza, Jr. for the offense of aggravated rape. On motion for rehearing this court reversed the conviction for "fundamental" error, issuing a short opinion concerning the use of "and" and/or "or" in indictments and/or jury charges. See Almanza v. State, 645 S.W...

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