Goka v. State

OPINION

DUGGAN, Justice.

After finding appellant guilty of rape, a jury assessed his punishment at twenty years confinement and a fine of $10,000.

*21In two grounds of error, appellant urges that the State’s failure to offer any evidence of one of the two alleged means of committing rape (1) constituted a fatal variance between pleading and proof, and (2) authorized the jury to convict him on a theory not supported by the evidence.

Texas Penal Code Ann. § 21.02 (Vernon Supp.1983) provides:(a) A person commits an offense if he has sexual intercourse with a female not his wife without the female’s…