JOHNSON v. STATE

No. 04-81-00109-CR.

625 S.W.2d 68 (1981)

Richard Earl JOHNSON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied December 9, 1981.

Discretionary Review Refused March 10, 1982.


Attorney(s) appearing for the Case

David K. Chapman, San Antonio, for appellant.

Bill White, Dist. Atty., Peter A. Sakai, Asst. Criminal Dist. Atty., San Antonio, for appellee.

Before KLINGEMAN, CLARK and BASKIN, JJ.


OPINION

KLINGEMAN, Justice.

A jury found appellant guilty of the offense of rape. Tex.Penal Code Ann. § 21.02 (Vernon 1974 & Supp. 1980-81). The court assessed punishment at confinement for a term of ten (10) years.

Appellant's single ground of error is that the trial court's charge is fundamentally defective in failing to include the necessary element of force when applying the law to the facts.

Appellant failed to object at trial...

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