Higgins v. State

OPINION

MURPHY, Justice.

Appellant Harold Leon Higgins appeals his felony conviction for the offense of aggravated rape. Tex.Penal Code Ann. § 21.03(5) repealed by Act effective Sept. 1, 1983, ch. 977 § 12, 1983 Tex.Gen.Laws 5311, 5321. We conclude that prosecution was time barred, but that the State sufficiently proved venue. Accordingly, we reverse the judgment of the trial court and order the trial court to dismiss the indictment.

On June 11, 1986, a grand jury returned an indictment which alleged that in Harris County:

On or about February 15, 1983, [appellant] did then and there unlawfully,…