Stuart v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for aggravated rape. Punishment was assessed by the jury at 99 years’ confinement in the Texas Department of Corrections.

The sufficiency of the evidence is not challenged. The prosecutrix testified that appellant picked her up while she was hitchhiking, pulled off the main highway, and threatened to kill her if she did not perform oral sodomy upon him. She further testified that after this occurred he raped her twice during which he choked her until she became unconscious. When she regained consciousness she was allowed to dress and…