Zamora v. State

OPINION

ONION, Judge.

The offense is rape; the punishment, 12 years’ confinement in the Texas Department of Corrections.

The indictment, in its first count, charged the offense of statutory rape. The second count charged rape by force, threats and fraud. It is not clear from the record when the State waived or abandoned the first count of the indictment or elected to stand on the second count, but the court’s charge withdrew the first count from the jury’s consideration and the offense of statutory rape passed out of the case. See Lewis v. State, 154 Tex.Cr.R. 329, 226 S.W.2d 861.

In his first…