Court of Criminal Appeals of Texas

Haron Stephens, Appellant v. the State of Texas, Appellee

June 11, 19861986 Tex. Crim. App. LEXIS 761

Summary

The Court of Criminal Appeals of Texas affirmed the lower appellate court's judgment of acquittal, holding that the evidence was insufficient to support a conviction for aggravated rape under the charge given to the jury and that the State could not retry the appellant on a different theory. A concurring/dissenting opinion argued the court should have addressed the double jeopardy issue concerning a lesser included offense of rape.