Jackson v. State

OPINION TOM G. DAVIS, Judge.

Appeal is taken from a conviction for aggravated rape. V.T.C.A. Penal Code, Sec. 21.03. Punishment was assessed by the jury at 40 years.

Appellant initially challenges the sufficiency of the evidence.

The record reflects that on April 8, 1976, at about 3:00 a. m., N_ G_, the prosecutrix, stopped to help the appellant after his car had become stuck on the shoulder of a highway. According to the prose-cutrix, the appellant waved his arms to get her to stop and then asked for a ride to a telephone. She agreed to give him a ride to a nearby grocery store.

The prosecutrix…