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BEAIRD v. STATE

No. 835-87.

772 S.W.2d 116 (1989)

Jerry BEAIRD, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

May 31, 1989.

Attorney(s) appearing for the Case

William W. Vance, Bryan (court appointed on appeal), for appellant.

Bill Turner, Dist. Atty., Todd Jermstad, Asst. Dist. Atty., Bryan, Robert Huttash, State's Atty., and Carl E.F. Dally, Sp. Asst. State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

Appellant was indicted on September 12, 1985, for the offense of rape of a child, alleged to have been committed on or about July 15, 1981. A jury found him guilty and assessed punishment at ten years confinement in the Texas Department of Corrections. The court of appeals reversed his conviction and ordered the prosection dismissed. Beaird v. State, 734 S.W.2d 17

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