Legal Opinion
Banks v. State
Court of Criminal Appeals of Texas
Decided December 17, 1975No. 50167PublishedCited by 45 opinions
1Opinion of the Court
OPINION
ODOM, Judge.
The conviction was for the offense of aggravated rape alleged to have occurred on or about October 4, 1974. The jury assessed punishment at twenty years.
The first ground of error contends that appellant was denied due process of law in that his indictment fails to allege all the elements of the offense for which he was convicted.
The indictment contained two counts. The first sought to allege rape (V.T.C.A. Penal Code, Sec. 21.02); the second, aggravated rape (V.T.C.A. Penal Code, Sec. 21.-03). The charging part of the second count, upon which appellant’s conviction rests,…
2Cases cited12 opinions
- United States v. WadeSupreme Court of the United States · 1967
- Simmons v. United StatesSupreme Court of the United States · 1968
- Neil v. BiggersSupreme Court of the United States · 1972
- Stovall v. DennoSupreme Court of the United States · 1967
- Gilbert v. CaliforniaSupreme Court of the United States · 1967
7 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Clark v. StateCourt of Criminal Appeals of Texas · 1977
- Black v. StateCourt of Criminal Appeals of Texas · 1983
- Rogers v. StateCourt of Criminal Appeals of Texas · 1979
- State v. Blankenship, Texas Court of Appeals, 3rd District (Austin)2005
- Blount v. StateCourt of Criminal Appeals of Texas · 1976
40 more not listed; retrieve them via the Exa API.