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BERRY v. STATE

No. 55792.

579 S.W.2d 487 (1979)

Willie D. BERRY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

April 18, 1979.

Attorney(s) appearing for the Case

Kerry P. Fitzgerald, Dallas, for appellant.

Henry M. Wade, Dist. Atty., John G. Tatum, James K. Johnson and John Ovard, Asst. Dist. Attys., Dallas, and Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P. J., and ROBERTS and W. C. DAVIS, JJ.

OPINION

W. C. DAVIS, Judge.

This is an appeal from a conviction for aggravated rape. V.T.C.A., Penal Code, § 21.03. The jury assessed punishment at life imprisonment in the Texas Department of Corrections.

In his third ground of error, appellant contends that the evidence is insufficient to sustain a conviction for aggravated rape. He concedes that the evidence may show the commission of a rape, but contends that there is no evidence of him...

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