PHILLIPS v. STATE

No. 56071.

588 S.W.2d 378 (1979)

Joe PHILLIPS, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

October 24, 1979.


Attorney(s) appearing for the Case

Steve Robertson, Clifton, F. T. Gauen, Jr., Dallas, for appellant.

Bobby L. Cummings, Dist. Atty., Gatesville, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION ON STATE'S MOTION FOR REHEARING

W. C. DAVIS, Judge.

On original submission of this cause, the conviction for the offense of injury to a child was set aside for the reason that a child fourteen years, one month and five days old is not a child who is "fourteen years of age or younger" protected by V.T. C.A. Penal Code, Sec. 22.04. On rehearing, the State asks our reconsideration of the question. This we shall do.

Although the sufficiency of...

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