Granviel v. State

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for capital murder. V.T.C.A. Penal Code, Sec. 19.03(a)(2). After finding appellant guilty, the jury returned affirmative findings to the special issues under Art. 37.071(b), V.A. C.C.P. Punishment was assessed at death.

*143Appellant contends that the evidence is insufficient to prove the aggravating offense of aggravated rape. Appellant argues as follows:

“The only evidence of the circumstances of the sexual intercourse was Appellant’s statement. According to the statement, the intercourse was consensual and the murder came later. Since…