Garcia v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

TEAGUE, Judge.

A jury found Anastacio Hernandez Garcia, appellant, guilty of violating V.T.C.A., Penal Code, Sec. 21.02(a), (b)(4).1

The El Paso Court of Appeals affirmed his conviction. See Garcia v. State, 659 S.W.2d 843 (Tex.App.—El Paso 1982). We will reverse the judgment of the Court of Appeals.

One of the ways an adult male can commit the offense of rape is if he has sexual intercourse with an adult female who is not his wife, and he knows that the female is suffering from mental disease or mental defect, to such extent that she is…