HARRIS v. STATE

Nos. 49791, 49987.

522 S.W.2d 199 (1975)

Arthur Franklin HARRIS, Appellant, v. The STATE of Texas, Appellee. Berdell JONES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 30, 1975.


Attorney(s) appearing for the Case

Scott McDowell, Dallas, for Harris.

Stephen L. Halsey, Dallas, Court appointed, for Jones.

Henry Wade, Dist. Atty., W. T. Westmoreland, Jr., Phil Adams and Jerry Banks, Asst. Dist. Attys., Dallas, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.


OPINION

GREEN, Commissioner.

In a joint trial before a jury, appellants were convicted of rape by force and threats. Punishment was assessed by the court (1) for appellant Arthur Franklin Harris, enhanced under Art. 63, Vernon's Ann.P.C., life; (2) for appellant Berdell Jones, sixty years.

We conclude that the judgments of both appellants must be reversed for fundamental error in the court's charges to the jury at the guilt stage.

A separate...

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