Diaz v. State

OPINION

ROBERTS, Judge.

This appeal is taken from a conviction for the offense of attempted rape. The punishment was enhanced according to Art. 63, Vernon’s Ann.P.C., and appellant was sentenced to life imprisonment.

The only ground of error raised in appellant’s brief concerns an alleged error in the court’s refusal to grant a certain charge. Appellant requested a charge on assault with intent to commit rape. 1

The case of Nielson v. State, 437 S.W.2d 862 (Tex.Cr.App.1969) is very much in point. As Judge Onion there stated, the offense of attempt to rape is a distinct offense from rape or…