Darty v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

Appellant was charged with aggravated rape of a child in Denton County and pled not guilty before a jury. See V.T.C.A., Penal Code Sec. 21.03(a)(5) (1981). 1 The jury found appellant guilty and assessed punishment at seven years confinement in the Texas Department of Corrections.

On appeal to the Fort Worth Court of Appeals, appellant alleged five grounds of error, including insufficiency of the evidence. The Court of Appeals addressed and overruled grounds one, two, four, and five, but found merit in appellant’s third ground of…