NICHOLS v. STATE

No. 10-84-044-CR.

692 S.W.2d 178 (1985)

John Carl NICHOLS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

May 23, 1985.


Attorney(s) appearing for the Case

Jim Skelton, Skelton, Pelton & Pelton, Houston, for appellant.

John B. Holmes, Jr., Crim. Dist. Atty., Don Clemmer, Vance Christopher, Asst. Dist. Attys., Houston, for appellee.


OPINION

THOMAS, Justice.

A jury convicted Appellant of aggravated rape, and the court assessed his punishment at sixteen years in prison. He contends on appeal that the evidence was insufficient to prove the aggravating element of the offense and that the court's charge was fundamentally defective because it authorized his conviction on a theory not alleged in the indictment. The judgment is affirmed.

An altercation occurred between Appellant, Complainant...

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