Fox v. State

OPINION

DIAL, Justice.

This is an appeal from a conviction for aggravated rape and aggravated sexual abuse. 1

Appellant was charged in one indictment with three felony offenses: aggravated kidnapping, aggravated rape and aggravated sexual abuse. Appellant filed a motion to quash the indictment for the reasons that the indictment violated the double jeopardy clauses of the United States and Texas Constitutions. The motion was denied.

After both sides rested in the ensuing jury trial and before the charge was presented to the jury, the State informed the trial judge that they were “dropping” the…