Pratt v. State

DUNN, Justice.

A jury found appellant guilty of sexual assault. The court rejected his motion for probation and sentenced him to 16 years confinement.

The only issues at trial were whether complainant consented, and whether appellant used force, threats, or violence, the elements necessary under the statute for sexual assault, Tex.Penal Code Ann. sec. 21.02 (Vernon 1974). Both complainant and appellant testified at trial. Appellant knew complainant from seeing her at a service station where complainant’s boyfriend worked. On the night of the offense, appellant went by the apartment project…