Brown v. State

OPINION

ROBERTS, Judge.

The appellant was found guilty of aggravated rape and was assessed a term of 30 years’ confinement. We find a reversible error among 32 grounds set forth by the appellant.

I

This is another case which must be reversed because of Childs v. State, 491 S.W.2d 907 (Tex.Cr.App.1973), an opinion which was “unsupported by precedent and by reason, and [which has been] overruled.” Ward v. State, 591 S.W.2d 810, 818 (Tex.Cr.App.1979). Also see Wrenn v. State, 597 S.W.2d 369 (Tex.Cr.App.1980); Jewell v. State, 593 S.W.2d 314 (Tex.Cr.App.1980); White v. State, 590 S.W.2d 936…