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UPTON v. STATE

No. 07-93-0440-CR.

894 S.W.2d 426 (1995)

Roy Allen UPTON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Amarillo.

February 2, 1995.

Attorney(s) appearing for the Case

Michael Hrin, Amarillo, for appellant.

James Farren Dist. Atty., John L. Owen, Canyon, for appellee.

Before REYNOLDS, C.J., and DODSON and QUINN, JJ.

QUINN, Justice.

Appellant Roy Allen Upton was convicted by a jury of aggravated sexual assault of a child and sentenced to life imprisonment. By four points of error, he contends that the trial court (1) abused its discretion in allowing a witness to testify after she violated the "rule of witness"; (2) erred in allowing the victim's mother to testify to hearsay; (3) erred in allowing the victim to testify due to her inability to distinguish between truth and fiction...

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