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494 S.W.2d 176

Sims v. State

Court of Criminal Appeals of Texas

Decided April 18, 1973

Court of Criminal Appeals of Texas · decided 1973-04-18

Cited by 1 later decisions — most recently April 1973

1 state decisions

Relies on Roddy v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1973-04-18

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¶1OPINION

ODOM, Judge.

¶2This appeal is from a conviction for the offense of rape; punishment was assessed at twenty years.

¶3This is a companion case to Roddy v. State, Tex.Cr.App., 494 S.W.2d 174 (This day decided).

¶4*177Appellant alleges three grounds of error. They all concern the admission into evidence of State’s Exhibit No. 1, being the notes of a physician who examined the prosecutrix on the occasion in question but did not testify. Dr. Mary Jane Kelly testified at the trial concerning the results of a physical examination of the prosecutrix on the date in question and used a part of the hospital records (the notes that had been prepared by the examining doctor) to so testify.

¶5The arguments submitted under these three grounds of error were discussed and found to be without merit in Roddy v. State, supra, to which reference is herein made for disposition of the grounds of error in this case.

¶6The three grounds of error alleged herein are overruled.

¶7There being no reversible error, the judgment is affirmed.

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