Legal Opinion

Perkins v. State

Court of Appeals of Texas

Decided June 12, 1985No. 04-84-00209-CRPublished

1Opinion of the Court

OPINION

BUTTS, Justice.

This is an appeal from a conviction for aggravated sexual abuse.1 The jury found appellant guilty and assessed punishment at life imprisonment.

The sole ground of error is that appellant’s plea of double jeopardy should have been granted. The original indictment in this case contained three paragraphs, each alleging a different way of committing aggravated sexual abuse pursuant to TEX. PENAL CODE ANN. § 21.05(a).2

*741Following the submission of evidence to the jury, the trial court granted the defense motion for an instructed verdict on count II, finding there was…

2Cases cited7 opinions

  1. Ex Parte ScellesCourt of Criminal Appeals of Texas · 1974
  2. Shoemaker v. StateCourt of Criminal Appeals of Texas · 1910
  3. E. B. Gilliam v. StateCourt of Criminal Appeals of Texas · 1936
  4. Aven v. StateCourt of Criminal Appeals of Texas · 1925
  5. Slay v. StateCourt of Criminal Appeals of Texas · 1930

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