Beaird v. State

OPINION

DUNN, Justice.

This is an appeal from a conviction for the felony offense of rape of a child.

On September 12, 1985, a grand jury returned a two-count indictment alleging that on or about July 15, 1981, appellant committed aggravated rape and rape of a child.

After the defense rested, the State waived the count alleging aggravated rape, and the court submitted the case to the jury on the count alleging rape of a child. The jury found appellant guilty, and the court assessed punishment at 10 years confinement.

The appellant contends, in his first point of error, that his conviction is void…