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AHEARN v. STATE

Nos. 57479, 57480.

588 S.W.2d 327 (1979)

John Patrick AHEARN, Appellant, v. The STATE of Texas, Appellee. Mary Elizabeth AHEARN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

Rehearing Denied October 31, 1979.

Attorney(s) appearing for the Case

Frank Maloney, Kenneth E. Houp, Jr. and David H. Reynolds, Austin, for appellants.

Ronald Earle, Dist. Atty. and Charles E. Hardy, Asst. Dist. Atty., Austin, Robert Huttash, State's Atty., Austin, for the State.

Before DOUGLAS, TOM G. DAVIS and DALLY, JJ.

Rehearing En Banc Denied October 31, 1979.

OPINION

DOUGLAS, Judge.

The convictions of John Patrick Ahearn and Mary Elizabeth Ahearn are for injury to a child under V.T.C.A., Penal Code, Section 22.04. The jury assessed punishment for each at eighteen years.

The sufficiency of the evidence is challenged and many grounds of error are urged.

The second count of the bill of indictment alleges:

"... that John Patrick Ahearn and...

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