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WEBB v. STATE

No. 2-83-402-CR.

684 S.W.2d 800 (1985)

Mark Amos WEBB, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

February 13, 1985.

Attorney(s) appearing for the Case

Rogers, Turner & Cooke, P.C. and Michael S. Griffin, Cleburne, for appellant.

Tim Curry, Criminal Dist. Atty., and David K. Chapman, Asst. Dist. Atty., Fort Worth, for State.

Before FENDER, C.J., and BURDOCK and GRAY, JJ.

OPINION

GRAY, Justice.

Appeal is taken from a conviction for rape (TEX.PENAL CODE ANN. sec. 21.02 (Vernon 1974)) wherein the jury assessed four years in the penitentiary. In ground of error number one, appellant contends that the court erred in denying appellant's motion for mistrial after the prosecutrix testified following an alleged violation of the rule.

We agree and reverse and remand.

The prosecutrix was a 24-year old female who, according...

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