Wright v. State

OPINION

ONION, Presiding Judge.

This appeal is taken from a conviction for statutory rape under Article 1183 of the former Penal Code wherein the punishment was assessed at 30 years’ imprisonment by the jury after the appellant had elected to be punished under the new Penal Code.

The indictment which was presented on May 23, 1973, alleged the offense occurred “on or about 10th day of May, A.D. 1973”. The trial commenced on May 6, 1974, after the effective date of the new Penal Code (January 1, 1974). Since the proper resolution of several of appellant’s grounds of error revolves around the fact…