WILSON v. STATE

No. 56810.

581 S.W.2d 661 (1979)

Darrell Wayne WILSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

On Rehearing May 23, 1979.


Attorney(s) appearing for the Case

Walter J. Pink, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Robert A. Moen, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before ODOM, PHILLIPS and DALLY, JJ.


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...

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