Luna v. State

OPINION

ODOM, Judge.

Appellant was convicted of the offense of rape. Punishment was assessed by the jury at five years’ confinement.

Appellant questions the sufficiency of the evidence to support two of the elements of the offense of rape. Those two elements are penetration and force. Therefore, a review of the facts is necessary.

The record reflects that on August 4, 1973, the prosecutrix called the police and complained that she had been assaulted. A police officer accompanied her to an area near the Rio Grande Canal known as the Levee Road of El Paso, the scene of the alleged crime. Two men…