JOHNSON v. STATE

No. 10-95-017-CR.

933 S.W.2d 195 (1996)

Bryan Keith JOHNSON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Overruled November 20, 1996.


Attorney(s) appearing for the Case

Earl E. Bates, Jr., Ward Casey, Fort Worth, for appellant.

John W. Segrest, Criminal District Attorney, Susan N. Kelly, Asst. District Attorney, Waco, for appellee.

Before DAVIS, C.J., and CUMMINGS and VANCE, JJ.


OPINION

VANCE, Justice.

In this appeal from a conviction for indecency with a child, we decide that under the promiscuity defense available at the time of the offense, the court erred in excluding evidence of prior sexual acts by the child and that the error harmed the defendant by denying him a defense created by the legislature. We reverse and remand for a new trial.

Bryan Keith Johnson was charged by indictment with the felony offense of indecency...

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