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NORTH v. STATE

No. 58515.

598 S.W.2d 634 (1980)

Stanley Tyrone NORTH, Appellant, v. The STATE of Texas, Appellee.

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

March 19, 1980.

Attorney(s) appearing for the Case

Walter J. Pink, Houston, for appellant.

Carol S. Vance, Dist. Atty., Douglas O'Brien, Susan W. Crump and Jim Moseley, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before DOUGLAS, ROBERTS and CLINTON, JJ.

OPINION

CLINTON, Judge.

This is an appeal from a conviction for the offense of aggravated rape wherein the jury assessed punishment at confinement in the Texas Department of Corrections.

At the outset, we are confronted with fundamental error in the jury charge that requires reversal in the interest of justice. See Article 40.09(13), V.A.C.C.P.

Omitting the formal parts, the indictment charged that appellant did:

"... intentionally...

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