OPINION
ONION, Presiding Judge.
Appellant waived trial by jury and entered a plea of guilty before the court to the offense of attempted rape. Punishment was assessed at imprisonment for ten (10) years.
At the outset we are confronted with a fundamentally defective indictment which requires review as unassigned error "in the interest of justice" under Article 40.09, Sec. 13, Vernon's Ann.C.C.P.
V.T.C.A., Penal Code, Sec. 21.02, provides:...
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