HERRING v. STATE

No. 3-86-131-CR.

738 S.W.2d 18 (1987)

Gerry HERRING, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Denied October 14, 1987.

Discretionary Review Refused December 9, 1987.


Attorney(s) appearing for the Case

Kirby J. Roberts, Roberts & Roberts, Buchanan Dam, for appellant.

Sam Oatman, Dist. Atty., Lilli An Johnson, Asst. Dist. Atty., Llano, for appellee.

Before POWERS, GAMMAGE and CARROLL, JJ.


PER CURIAM.

A jury found appellant guilty of rape of a child and assessed punishment at imprisonment for seven years. Tex.Pen.Code Ann. § 21.09 (1974), as amended by 1975 Tex.Gen.Laws ch. 342, § 8 at 914, since repealed. This Court will affirm the judgment of conviction.

In his first point of error, appellant contends the trial court erroneously overruled his motion for new trial based on the State's failure to disclose prior to trial evidence material...

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