Cobbins v. State

OPINION

WOODLEY, Presiding Judge.

The offense is rape; the punishment, life.

Three grounds of error are set forth in appellant’s brief. Ground 1 complains that the charge to the jury at the hearing on punishment is fundamentally defective in that it authorizes the jury to find that appellant had been previously convicted of a felony.

The state did not seek the death penalty. Appellant filed application for probation and elected to have the jury assess the punishment.

The charge attacked is that portion which referred to the application for probation and instructed the jury as to the necessity of…