Harris v. State

OPINION

GREEN, Commissioner.

In a joint trial before a jury, appellants were. convicted of rape by force and threats. Punishment was assessed by the court (1) for appellant Arthur Franklin Harris, enhanced under Art. 63, Vernon’s Ann.P.C., life; (2) for appellant Berdell Jones, sixty years.

We conclude that the judgments of both appellants must be reversed for fundamental error in the court’s charges to the jury at the guilt stage.

A separate charge was given as to each appellant; however, with the exception of an instruction on alibi as to Harris, the two charges were identical except as to the…