Court of Criminal Appeals of Texas

William Lee O’neal, Appellant v. the State of Texas, Appellee

March 16, 19881988 Tex. Crim. App. LEXIS 47

Summary

The Court of Criminal Appeals of Texas reversed the Court of Appeals' decision and remanded the case, holding that the State must elect the specific act of intercourse at the close of its case in chief in a single-count sexual assault trial, that the late election was harmless error because the defendant had notice, and that the appellant preserved the error by timely moving to require election.