Smith v. State

OPINION

GREEN, Commissioner.

In a trial before a jury appellant was convicted of rape of a mentally diseased woman. See V.T.C.A. Penal Code, Sec. 21.-02(b)(4). Punishment was assessed by the court at ten years.

In his sole ground of error, appellant contends the evidence is insufficient to show he knew the prosecutrix to be so mentally diseased and defective as to be incapable of appraising the nature of the act of sexual intercourse.

The record reflects that during the early morning hours of October 10, 1975 appellant was discovered by Colonial Gables Nursing Home employee Mrs. Grace Combs…