Quintana v. State

OPINION

MORRISON, Judge.

The offense is rape; the punishment, death.

Appellant was apprehended by officers in the act of assaulting the prosecutrix in her home while she was nude. She testified as to penetration. The sufficiency of the evidence is not challenged.

Appellant’s first ground of error is that the court erred in overruling certain of his challenges for cause. It is settled law in this State that for an appellant to complain of the court’s overruling his challenges for cause, he must first have exhausted his peremptory challenges, Cook v. State, Tex.Cr.App., 398 S.W.2d 284, cert. den.…