Hines v. State - 6th COA
The trial court erred when it allowed the State to repeatedly tell jurors that they could arrive at a nonunanimous verdict during the State's closing argument. The indictment alleged that the defendant did "with the intent to arouse or gratify" his sexual desire, "intentionally or knowingly engage in sexual contact" with the victim by "touching the anus and genitals and breast" of the victim. The jury charge directed the jury to find the defendant guilty if he did "intentionally or knowingly . . . engage in sexual contact...by touching the anus or genitals or breast." The charge, as delivered, made it possible for the jury to arrive at a nonunanimous verdict which is prohibited by the Texas Constitution. Hines v. State - 06-08-00004-CR.
