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THOMAS v. STATE

No. A14-83-487-CR.

681 S.W.2d 111 (1984)

Donald Ray THOMAS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Discretionary Review Refused December 19, 1984.

Attorney(s) appearing for the Case

Barbara Baruch, Houston, for appellant.

Calvin Hartman, Asst. Dist. Atty., Houston, for appellee.

Before J. CURTISS BROWN, C.J., and CANNON and DRAUGHN, JJ.

OPINION

DRAUGHN, Justice.

Donald Ray Thomas appeals his conviction of rape for which his enhanced punishment was set at life imprisonment. In the first of four grounds of error appellant contends that the trial court abused its discretion by denying his motion to reopen with additional testimony from a tardy witness. We agree with this contention. The judgment is reversed and the cause remanded.

The record indicates that appellant and the prosecutrix...

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