Thomas v. State

OPINION

DRAUGHN, Justice.

Donald Ray Thomas appeals his conviction of rape for which his enhanced punishment was set at life imprisonment. In the first of four grounds of error appellant contends that the trial court abused its discretion by denying his motion to reopen with additional testimony from a tardy witness. We agree with this contention. The judgment is reversed and the cause remanded.

The record indicates that appellant and the prosecutrix were involved in an extended street fight, which was witnessed by several people. The prosecutrix testified that appellant took her to a nearby…