Nicholas v. State

OPINION

MORRISON, Judge.

The offense is rape; the punishment, fifty (50) years.

The record reflects that appellant entered the dry cleaning establishment owned by the prosecutrix, robbed her, raped her and shot her in the head twice.

Appellant’s first ground of error is that the State failed to prove an act of penetration.

The prosecutrix testified directly and specifically that the appellant placed his private part in hers and achieved penetration. There was no testimony to the contrary. The jury was instructed that penetration of a sexual organ of the female by the male organ of the appellant…