Delgado v. State

OPINION

McCORMICK, Judge.

This is an appeal from a conviction of attempted rape. Punishment was assessed at six years in the Texas Department of Corrections.

Appellant claims that the trial court erred in refusing his requested instruction defining the term “force.” The indictment alleged that appellant

“... with the specific intent to commit the offense of rape, did then and there knowingly and intentionally attempt to have sexual intercourse with VALERIE LUCERO, hereinafter referred to as complainant, a female not his wife, without the consent of complainant, by the use of force and threats,…