Allen v. State

STOREY, Justice.

This is an appeal from a conviction of aggravated rape. In five grounds of error, appellant contends that: the court should have admitted evidence of the complainant’s prior sexual activity; appellant’s confession was inadmissible; and the court erred in making an affirmative finding of the use of a deadly weapon. We agree with appellant’s contention regarding the finding of the use of a deadly weapon, but disagree with all other grounds of error. The judgment is affirmed but reformed to eliminate the finding of use of a deadly weapon.

The complainant in this case was a…