Hines v. State

OPINION

DALLY, Commissioner.

This is an appeal from a conviction for the offense of aggravated rape; the punishment is imprisonment for 60 years.

The appellant complains of the court’s charge, but he does not focus on the error of the omission of an essential element of the offense which renders the charge fundamentally defective.

The court charged the jury in applying the law to the facts:

“Now if you find from the evidence beyond a reasonable doubt that on or about the 3rd day of October, 1978, in Harris County, Texas, the defendant, HENRY CHARLES HINES, did then and there unlawfully,…