Torres v. State

ON MOTION FOR REHEARING

DICE, Judge.

*125In his motion for rehearing, appellant strenuously insists that we were in error, in holding that the court did not err in refusing to require the state to elect the act upon which it relied for a conviction at the close of the state’s case in chief. Appel-lent relies upon Johnson v. State, 110 Tex. Cr. R. 292, 8 S. W. 2d 121, where a conviction was reversed because of the court’s refusal to require the state to elect at the close of the state’s testimony. In the Johnson case the testimony showed two acts of intercourse with the prosecutrix, one by the…