Collins v. State

OPINION ON STATE’S MOTION FOR REHEARING

CLINTON, Judge.

The opinion on original submission is withdrawn, but we must allude to it in order to provide the setting for this one. In his appeal from conviction for rape of a female under the age of seventeen appellant assails admission of certain testimony and contends the evidence is insufficient to show “penetration of the female sex organ by the male sex organ,”1 an essential element of the offense. V.T.C.A. Penal Code, § 21.01(3).

On original submission a panel of the Court found evidentiary errors and, concluding that what evidence remained is…