Newman v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

TEAGUE, Judge.

The record reflects that, although present and apparently available and willing to testify during its case in chief against Jack Henry Newman, a/k/a Popeye Newman, a/k/a Bull Newman, hereinafter appellant, the child-complainant in this cause was never called by the State to testify against appellant; the State opting to use in the place of her testimony a pretrial videotape recording that was made of the complainant pursuant to the provisions of Art. 38.071, V.A.C.C.P.

The jury convicted appellant of the offense of…