OPINION
DOUGLAS, Judge.
This is an appeal from a conviction for the offense of rape. Trial was before the court on a plea of nolo contendere. The punishment was assessed at thirty-three years in the Department of Corrections.
Appellant and Donald Christopher Jackson were jointly indicted for this offense on February 13, 1969. The State filed its written notice of intent to seek the death penalty, as to both appellant and Jackson, on August 25, 1969...
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