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HARRIS v. STATE

No. 42010.

441 S.W.2d 189 (1969)

Roy E. HARRIS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 11, 1969.

Attorney(s) appearing for the Case

Maloney, Milner & McDowell, by Pat McDowell, Dallas (on appeal only), for appellant.

Henry Wade, Dist. Atty., John Vance and Scott Bradley, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

WOODLEY, Presiding Judge.

The offense is rape; the punishment, 25 years.

The sufficiency of the evidence is challenged. Ground of error No. 1 complains that the evidence is insufficient to show lack of consent. Ground No. 2 complains that the evidence is insufficient to show force and threats were used by appellant sufficient to overcome the will of the prosecutrix.

The count of the indictment...

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