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JOHNSON v. STATE

No. 1193-87.

777 S.W.2d 421 (1989)

Charles JOHNSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

September 27, 1989.

Attorney(s) appearing for the Case

Catherine Green Burnett, Houston (court appointed on appeal), for appellant.

John B. Holmes, Jr., Dist. Atty., and William J. Delmore, III, Belinda Hill and Leslie Brock, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

Appellant was charged by indictment with the offense of aggravated sexual assault, V.T.C.A. Penal Code 22.021. Upon a plea of not guilty, a jury found appellant guilty as charged in the indictment. The indictment contained the language "... and in the course of the same criminal episode the defendant used and exhibited a deadly weapon, namely, a firearm...". Submitted to the jury at the...

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