LUNA v. STATE

No. 49083.

515 S.W.2d 271 (1974)

Ralph Herrera LUNA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 13, 1974.


Attorney(s) appearing for the Case

Dick Stengel, El Paso, for appellant.

Steve W. Simmons, Dist. Atty., Anita Ashton, Asst. Dist. Atty., El Paso, Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

ODOM, Judge.

Appellant was convicted of the offense of rape. Punishment was assessed by the jury at five years' confinement.

Appellant questions the sufficiency of the evidence to support two of the elements of the offense of rape. Those two elements are penetration and force. Therefore, a review of the facts is necessary.

The record reflects that on August 4, 1973, the prosecutrix called the police and complained that she had been...

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