Zachery v. State

OPINION

ONION, Presiding Judge.

Appellant waived trial by jury and entered a plea of guilty before the court to the offense of attempted rape. Punishment was assessed at imprisonment for ten (10) years.

At the outset we are confronted with a fundamentally defective indictment which requires review as unassigned error “in the interest of justice” under Article 40.09, Sec. 13, Vernon’s Ann.C.C.P.

V.T.C.A., Penal Code, Sec. 21.02, provides:

“(a) A person commits an offense if he has sexual intercourse with a female not his wife without the female’s consent.

“(b) The intercourse is without the female’s…