Bowman v. State

OPINION

TATUM, Judge.

The appellant, Kelvin Bowman, has appealed a conviction for third degree criminal sexual conduct with punishment fixed at not less than four years nor more than ten years in the State penitentiary. On this appeal, he attacks the legality of the indictment, the right of an Assistant District Attorney General to testify as a rebuttal witness, the competency of a juror, and the trial judge’s jury instructions. After considering the issues, we conclude that the judgment of conviction must be affirmed.

At approximately 2:00 o’clock A.M. on the morning of June 6, 1978, the victim…