Watson v. State

OPINION

ONION, Presiding Judge.

This appeal arises out of a conviction for the offense of rape. V.T.C.A., Penal Code, § 21.02. Punishment was assessed by the court at twelve (12) years’ confinement in the Department of Corrections following a verdict of guilty.

Initially appellant challenges the sufficiency of the indictment on appeal contending that it was fundamentally defective. There was no motion to quash filed in the trial court.

The indictment, omitting the formal parts, alleged the appellant:

“. . . did then and there unlawfully intentionally and knowingly by force and threats to S_ D_ T_,…