Powell v. State

Benham, Chief Justice.

Anthony San Juan Powell was charged in an indictment with rape and aggravated sodomy in connection with sexual conduct involving him and his wife’s 17-year-old niece in Powell’s apartment. The niece testified that appellant had sexual intercourse with her and engaged in an act of cunnilingus without her consent and against her will. Powell testified and admitted he performed the acts with the consent of the complainant. In light of Powell’s testimony, the trial court included in its jury charge instructions on the law of sodomy. The jury acquitted Powell of the rape and…