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FORD v. STATE

No. 60654.

615 S.W.2d 727 (1981)

Curtis Michael FORD, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

Rehearing Denied June 3, 1981.

Attorney(s) appearing for the Case

John Ellis, Dallas, for appellant.

Henry Wade, Dist. Atty., John Tatum, Norman Kinne and Rick Russell, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before ODOM, W. C. DAVIS and McCORMICK, JJ.

OPINION

ODOM, Judge.

This is an appeal from a conviction for rape. Punishment, enhanced by allegation and proof of one prior felony conviction was assessed at 60 years.

In his brief appellant points to fundamental error in the jury charge that requires reversal. Although the rape statute, V.T. C.A., Penal Code Sec. 21.02, does not expressly provide for a culpable mental state, one is nevertheless required...

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