Twomey v. State

OPINION

GREEN, Commissioner.

Appellant, in a trial before a jury, was convicted of aggravated rape. 1 Punishment was assessed at thirty years.

In his second and third grounds of error, appellant contends that the evidence is insufficient to prove lack of consent of the prosecutrix, and to prove that she did not put forth every exertion and means within her power to resist the commission of the alleged rape by appellant.

The record reflects that at about 10:30 on the morning of March 15, 1974, appellant came to an apartment complex in Den- ton of which prosecutrix, a 21-year-old married woman, was…