CHOICE v. STATE

No. 6-81-032-CR.

628 S.W.2d 475 (1982)

Mackie Lee CHOICE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

January 5, 1982.


Attorney(s) appearing for the Case

Thomas C. Railsback, Dallas, for appellant.

Henry Wade, Dist. Atty., Ronald D. Hinds, Asst. Dist. Atty., Dallas, for appellee.


BLEIL, Justice.

Mackie Choice appeals his rape conviction. Punishment, as fixed by the jury, is eighteen years confinement. Although various grounds of error are presented, the primary issue is whether Choice should have been indicted and tried for rape of a child rather than aggravated rape. We resolve all the issues against Choice and affirm the judgment.

On April 1, 1979, Rita Freeman, age 14, went with her 18-year-old girlfriend to Glendale Park in Dallas...

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