Wilson v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for rape of a child; punishment was assessed by the jury at ten years.

In his third ground of error appellant contends the trial court committed reversible error by refusing his requested charge on the defensive issue of mistaken identification. The State argues the issue was not preserved at trial and the evidence did not raise the issue.

Although the requested charge submitted by appellant was no model, we conclude it was sufficient to call the court’s attention to the issue he sought to have submitted. It began:

“You are instructed that…