Nickens v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

W. C. DAVIS, Judge.

This appeal is from a conviction for rape of a child with appellant’s punishment assessed at twelve (12) years’ imprisonment. Our prior opinion 576 S.W.2.d 91 (Tex.Cr.App.) is withdrawn. By per curiam opinion, *102on January 17, 1979, we overruled appellant’s contention that the prosecutor’s jury argument constituted a comment on appellant’s failure to testify, because the comment did not necessarily refer to appellant. Upon re-examination of the evidence adduced at trial, we conclude that we were in error.

The prosecutrix, appellant’s…