Martinez v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for sexual abuse. See V.T.C.A., Penal Code, Section 21.04(a)(1). A jury found appellant guilty and assessed his punishment at ten (10) years’ confinement.

Appellant complains of fundamental error in the court’s charge; he also contends that the court erred in overruling his motion for instructed verdict at the close of the State’s case in chief. We affirm.

The record reflects that on August 9, 1975, the complainant, an inmate at the Lubbock County jail, was sexually assaulted by the appellant, also an inmate. Immediately preceding the…