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COLTER v. STATE

No. 47274.

503 S.W.2d 763 (1974)

Jerry Lee COLTER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 16, 1974.

Attorney(s) appearing for the Case

David L. Loving, III, Dallas (on appeal only), for appellant.

Henry Wade, Dist. Atty., and John E. Rapier, Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION

DICE, Commissioner.

The conviction is for rape; the punishment, fifty (50) years.

The sufficiency of the evidence to support the conviction is challenged by appellant in his three grounds of error.

Specifically, he insists that the evidence is insufficient because (1) he is not identified as the perpetrator of the offense, (2) the State failed to prove penetration beyond a reasonable doubt, and (3) the testimony of the prosecutrix...

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