Phillips v. State

588 S.W.2d 378 (1979)

Joe PHILLIPS, Jr., Appellant,

v.

The STATE of Texas, Appellee.

No. 56071.

Court of Criminal Appeals of Texas, En Banc.

October 24, 1979.

Steve Robertson, Clifton, F. T. Gauen, Jr., Dallas, for appellant.

Bobby L. Cummings, Dist. Atty., Gatesville, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S MOTION FOR REHEARING

W. C. DAVIS, Judge.

On original submission of this cause, the conviction for the offense of injury to a child was set aside for the reason that a child fourteen years, one month and five days old is not a child who is…