Quevedo v. State

OPINION

NYE, Chief Justice.

Appellant was indicted for the offense of rape. Following a jury trial, he was found guilty only of the offense of assault. Punishment was assessed at six months confinement in the Nueces County Jail and a fine of $1,000.00. Appellant raises three grounds of error. The sufficiency of the evidence is not challenged on appeal. We affirm.

In his first and second grounds of error, appellant asserts that the jury charge on the theory of assault submitted was not a lesser included offense of rape as alleged in the indictment. Therefore, appellant contends his conviction is…