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McCLENDON v. STATE

No. 63566.

643 S.W.2d 936 (1982)

Fred Wesley McCLENDON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

October 20, 1982.

Attorney(s) appearing for the Case

Charles W. Tessmer and Bentley C. Kelly, III, on appeal only, Dallas, for appellant.

Henry M. Wade, Dist. Atty., Gregory S. Long and Michael P. Patterson, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P.J., and CLINTON and TEAGUE, JJ.

OPINION

CLINTON, Judge.

Appeal is taken from a conviction for attempt in which the punishment was assessed at eighteen years confinement.

The sufficiency of the evidence is challenged.

The indictment on which appellant's conviction is predicated alleged in pertinent part, that he:

"did unlawfully, then and there with the specific intent to commit the offense of aggravated rape, attempt to have sexual intercourse with B___ A___ M___...

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