Hatchell v. State

OPINION

DIES, Chief Justice.

Appellant was indicted for aggravated rape of a child and incest. When the cause was called for trial, the State moved to proceed only on aggravated rape of a child. He was convicted by a jury, and the jury assessed punishment at ninety-nine years in the Texas Department of Corrections. From this judgment appellant has perfected appeal to this Court.

Appellant’s sole ground of error urges: “The trial court erred in not conducting an examination into the competency of the State witness pursuant to Article 38.06, V.A.C.C.P.”

Before the State’s witness Jimmy Jones, age…