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LINDSEY v. STATE

No. 960-86.

760 S.W.2d 649 (1988)

Johnnie Earl LINDSEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

On Rehearing November 23, 1988.

Attorney(s) appearing for the Case

C. Wayne Huff, Dallas, for appellant.

Henry Wade, Former Dist. Atty. and John Vance, Dist. Atty., and Kathi Alyce Drew, Dick Miller and Winfield Scott, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Carl E.F. Dally, Sp. Asst., State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

TEAGUE, Judge.

The appellant was convicted of aggravated rape under Penal Code § 21.03.1 From an examination of the appellate record in this cause, it appears that appellant was originally indicted on January 3, 1983 in cause number F82-92712, and charged as follows:

JOHNNIE EARL LINDSEY hereinafter styled Defendant...

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