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MASSENGALE v. STATE

No. 953-84.

710 S.W.2d 594 (1986)

Elbert Lee MASSENGALE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

May 28, 1986.

Attorney(s) appearing for the Case

Phil Black, Borger, for appellant. Stephen F. Cross, Dist. Atty. and Dale D. Jensen and Roy Carper, Asst. Dist. Atty., Robert Huttash, State's Atty., Borger, Julie B. Pollock, Asst. State's Atty., Austin, for State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Appellant was convicted of aggravated rape and sentenced by the jury to twenty years' imprisonment. V.T.C.A. Penal Code, Sec. 21.03(a)(5) (repealed). In an unpublished opinion the Amarillo Court of Appeals affirmed the conviction, holding, inter alia, that appellant's confession was made voluntarily after a knowing and intelligent waiver of his rights to counsel and to remain silent...

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