Jiminez v. State

OPINION

JACK SMITH, Justice.

The jury found appellant guilty of sexual assault, and the court assessed punishment at six years imprisonment. Finding the evidence insufficient to prove the allegations of use and threats of physical force and violence, we reverse.

The indictment alleged that, on or about April 21, 1985, appellant did:

intentionally and knowingly by the use of physical force and violence and by threatening the present use of force and violence against ... the Complainant, cause the penetration of the vagina of the Complainant by placing his finger in the vagina of the Complainant…