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MORALES v. STATE

No. 04-86-00201-CR.

727 S.W.2d 101 (1987)

Jose MORALES, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Discretionary Review Refused June 10, 1987.

Attorney(s) appearing for the Case

Larry Zinn, San Antonio, for appellant.

Fred G. Rodriguez, Dist. Atty., Sam Millsap, Jr., Former Dist. Atty., John Causey, Juan Chavira, Charles Estee, Edward Shaughnessy, III, San Antonio, for appellee.

Before BUTTS, DIAL and CHAPA, JJ.

OPINION

CHAPA, Justice.

Appellant was convicted by a jury of aggravated sexual assault of a five year old child. Punishment was assessed at 30 years imprisonment.

Appellant's first point of error alleges the trial court erred in failing to give an instruction on the defense of alibi. The appellant admitted during the trial that he was in the house at or about the time which the state alleged the rape occurred.

The defense of alibi arises...

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