Swindell v. State

*401OPINION

ONION, Presiding Judge.

This appeal is taken from a rape conviction where the punishment was assessed at 25 years.

The sufficiency of the evidence is not challenged. Suffice it to say that the State’s evidence reflects the appellant drove the prosecutrix in his car to a deserted location near Lake Arlington and there, by force and threats, raped the prosecutrix without her consent. She was finally able to escape by jumping from the moving car.

Testifying in his own behalf, appellant admitted having sexual intercourse with the prosecutrix, but believed that it was done with her consent.

In…