Webb v. State

OPINION

GRAY, Justice.

Appeal is taken from a conviction for rape (TEX.PENAL CODE ANN. sec. 21.02 (Vernon 1974)) wherein the jury assessed four years in the penitentiary. In ground of error number one, appellant contends that the court erred in denying appellant’s motion for mistrial after the prosecutrix testified following an alleged violation of the rule.

We agree and reverse and remand.

The prosecutrix was a 24-year old female who, according to testimony, had the mental capacity of a child of six or seven years. A hearing was held by the court to determine the competency of the prosecutrix…