Braswell v. State

Being unable to agree to the affirmance of this case, I respectfully dissent.

The sole issue presented for review is whether the state proved that appellant was an “adult male” person.

There is no question but that the term “adult male” person, as used in the statute, means one who has attained the full age of twenty-one years. Waldrep v. State, 150 Tex. Cr. Rep. 175, 199 S.W. 2d 781; Valdez v. State, 156 Tex. Cr. R. 192, 240 S.W. 2d 320.

To make proof of the fact that appellant had attained the full age of twenty-one years, the state relied solely upon the testimony of the prosecutrix, who was…