STEPHENS v. STATE

No. 05-83-00160-CR.

683 S.W.2d 23 (1984)

Haron STEPHENS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied October 12, 1984.

Discretionary Review Granted May 1, 1985.


Attorney(s) appearing for the Case

Michael Byck, Lawrence B. Mitchell, Dallas, for appellant.

Ruth Plagenhoef, Asst. Dist. Atty., Dallas, for appellee.

Before AKIN, SPARLING and SHUMPERT, JJ.


SPARLING, Justice.

Appellant was convicted of aggravated rape and sentenced to twelve years imprisonment. Appellant contends, inter alia, that the evidence was insufficient. We agree and reverse.

The indictment charged appellant with the offense of rape and alleged, as an aggravating element, that he "threaten[ed] serious bodily injury and death to be imminently inflicted on the Complainant." The complainant was kidnapped by two men, one holding a gun...

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