DARTY v. STATE

No. 334-85.

709 S.W.2d 652 (1986)

John Wayne DARTY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

May 14, 1986.


Attorney(s) appearing for the Case

Richard S. Podgorski, Denton, for appellant.

Jerry Cobb, Dist. Atty. and Lee Gabriel and Jim E. Crouch, Asst. Dist. Attys., Denton, Robert Huttash, State's Atty., Austin, for State.

Before the court en banc.


OPINION ON STATE'S RETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

Appellant was charged with aggravated rape of a child in Denton County and pled not guilty before a jury. See V.T.C.A., Penal Code Sec. 21.03(a)(5) (1981).1 The jury found appellant guilty and assessed punishment at seven years confinement in the Texas Department of Corrections.

On appeal to the Fort Worth Court of Appeals, appellant alleged five grounds...

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