Murff v. State

HARPER, Judge (partly concurring and partly dissenting).

In concurring with Judge Davidson in granting the rehearing and reversing and remanding the case, I do not want to be understood as agreeing to that part of his opinion which holds that the plea of former jeopardy should have been sustained. On this question I concur in the opinion of Presiding Judge Prendergast. It is true that appellant had been acquitted of the crime of rape, and that a portion of the elements of. that offense was that he had carnal intercourse with Viola Johnson, but another element of that offense was that the girl…