SMITH v. STATE

No. 05-81-00544-CR.

635 S.W.2d 671 (1982)

Steve A. SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

June 30, 1982.


Attorney(s) appearing for the Case

Douglas H. Parks, Dallas, for appellant.

Henry M. Wade, Dist. Atty., Deborah E. Farris, Asst. Dist. Atty., Dallas, for appellee.

Before GUITTARD, C.J., and FISH and ALLEN, JJ.


GUITTARD, Chief Justice.

Appellant was convicted of aggravated rape of a child. A jury assessed punishment at sixty years. Appellant contends the prosecutor injected harmful, unsworn testimony before the jury. We agree and, accordingly, reverse and remand.

The only defense witnesses were appellant and his employer, Harold Hoskins, who sought to establish an alibi. Appellant testified that he was working at the time of the offense. Hoskins testified that appellant...

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