Jackson v. State

John A. Fogleman, Justice.

Appellant was convicted of first degree rape and sentenced to death. He states eight points for reversal. We find one of these of sufficient merit to require reversal.

After the jury was selected, impaneled and sworn, the prosecuting attorney made the opening statement for the State. Appellant’s attorney then stated that the defendant would like to reserve his opening statement until the closing of the State’s case. There was no objection by the State and the trial judge assented. After the prosecuting attorney rested the case for the prosecution, the court called…