Hosxie v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

CAMPBELL, Judge.

Appellant was charged with aggravated rape pursuant to V.T.C.A. Penal Code, Sec. 21.03(a)(2)1. Trial was had to a jury; punishment was assessed at seventy-five years confinement in the Texas Department of Corrections. We granted appellant’s petition for discretionary review to consider his claim that the indictment in this cause is fundamentally defective in failing to allege a threat of “imminent”2 serious bodily injury, a claim rejected by the 7th Court of Appeals in Amarillo.

The indictment in this cause, in pertinent…