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HARRIS v. STATE

No. 3-83-013-CR.

666 S.W.2d 537 (1984)

Frederick HARRIS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

March 7, 1984.

Attorney(s) appearing for the Case

James R. Young, James M. Simons, Simons & Coleman (court-appointed), Austin, for appellant.

Ronald Earle, Dist. Atty., Curt Beckcom, Asst. Dist. Atty., Austin, for appellee.

Before PHILLIPS, C.J., and EARL W. SMITH and GAMMAGE, JJ.

GAMMAGE, Justice.

Frederick Harris appeals his conviction for aggravated rape in which a jury assessed punishment, enhanced by a prior conviction, at 51 years in the Department of Corrections.

Appellant brings two grounds of error, arguing that the indictment underlying his conviction is fundamentally defective for failure to allege an essential element of the offense, and that the evidence is insufficient to sustain a conviction for aggravated rape. We will...

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