WITHERSPOON v. STATE

No. 01-83-0365-CR.

671 S.W.2d 143 (1984)

Bernard Lynn WITHERSPOON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

May 31, 1984.


Attorney(s) appearing for the Case

Walter J. Pink, Houston, for appellant.

J. Harvey Hudson, Houston, for appellee.

Before EVANS, C.J., and BULLOCK and WARREN, JJ.


OPINION

WARREN, Justice.

A jury convicted appellant of burglary of a habitation with intent to commit rape and assessed his punishment at 60 years confinement. He brings four grounds of error on appeal.

In his first ground, appellant alleges that the trial court erred in failing to charge the jury on the defense of mistake of fact. Appellant argues that he broke the window on the back door of the victim's house and

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