Hebert v. State

OPINION

KEITH, Commissioner.

Appellant was charged in a three-count indictment with sexual abuse of a child under the age of 17 years as defined in V.T.C.A., Penal Code, Sec. 21.10(a); rape of a child under the age of 17 years of age as defined in V.T.C.A., Penal Code, Sec. 21.-09(a); and rape by force and threats as mentioned in V.T.C.A., Penal Code, Sec. 21.02(b)(1) and (2).

While there was the word “SECOND” to be found between counts one and two, no such similar or corresponding word appeared between the second and third counts although there was deep indentation for the new paragraph forming…