Freeman v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for aggravated rape. Punishment was assessed at life imprisonment.,

Appellant contends that the trial court erred in submitting to the jury a charge which authorized conviction on a theory not alleged in the indictment. The pertinent part of the indictment alleged that appellant did:

“knowingly and intentionally have sexual intercourse with Anna Robbins, hereinafter called complainant, a female not his wife, without the consent of the complainant, by means of force and threats, and the said Ivory Lee Freeman did then and there knowingly and…