Williams v. State

OPINION

FENDER, Chief Justice.

The appellant, David Wayne Williams, was convicted by a jury of aggravated rape and was sentenced to thirty years in the Texas Department of Corrections and a one thousand dollar ($1,000.00) fine.

We reverse and remand.

The prosecutrix in this case is an eleven year old mentally retarded female who is the sister of Williams’ wife and was living with the Williams when the incident occurred. After a conversation with her teacher and her teacher’s aide at school later that morning, the child welfare office was contacted. After school, the child was taken to a hospital…