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HIGGINS v. STATE

No. A14-87-847-CR.

764 S.W.2d 311 (1988)

Harold Leon HIGGINS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

December 22, 1988.

Attorney(s) appearing for the Case

Stanley G. Schneider, Houston, for appellant.

Cathleen Herasimchuk, Houston, for appellee.

Before J. CURTISS BROWN, C.J., and MURPHY and ROBERTSON, JJ.

OPINION

MURPHY, Justice.

Appellant Harold Leon Higgins appeals his felony conviction for the offense of aggravated rape. Tex.Penal Code Ann. § 21.03(5) repealed by Act effective Sept. 1, 1983, ch. 977 § 12, 1983 Tex.Gen.Laws 5311, 5321. We conclude that prosecution was time barred, but that the State sufficiently proved venue. Accordingly, we reverse the judgment of the trial court and order the trial court to dismiss the indictment.

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