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SEARS v. STATE

No. 61,677.

651 S.W.2d 263 (1982)

Bobby Joe SEARS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 8, 1983.

Attorney(s) appearing for the Case

Phil Adams, Richardson, Lawrence B. Mitchell, Dallas, for appellant.

Henry M. Wade, Dist. Atty., J.T. Langford, Kevin Byrne and Gilbert P. Howard, Dallas, Asst. Dist. Attys., Robert Huttash, State's Atty. and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before ODOM, TOM G. DAVIS and CLINTON, JJ.

OPINION

CLINTON, Judge.

In this appeal from a judgment of conviction for the offense of attempted rape appellant contends that part of the charge to the jury applying the law to the facts is fundamentally defective in several respects, and he is correct.

V.T.C.A. Penal Code, § 15.01 proscribes criminal attempt as follows:

"(a) A person commits an offense if, with specific intent to commit an offense, he does an act amounting...

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