State v. Brown

OPINION

ANDERSON, C.J.

We granted this appeal to determine whether at the conclusion of the evidence the prosecution elected the particular offense charged in the indictment upon which it sought a conviction. Such an election is required to preserve the defendant’s constitutional right to a unanimous jury verdict. 1

The defendant was indicted and convicted of one count of rape of a child. The Court of Criminal Appeals affirmed. After our review of the record and applicable law, however, we conclude and the State concedes that at the end of the proof, the prosecutor did not elect a specific…