Dalton v. State

This court has found the evidence sufficient to support appellant’s conviction of aggravated sexual assault. I cannot agree.

The indictment charges aggravated sexual assault of Mary Smith (pseudonym) by:

COMPELLING MARY SMITH TO SUBMIT AND PARTICIPATE BY THE USE OF PHYSICAL FORCE AND VIOLENCE AND BY THREATENING TO USE FORCE AND VIOLENCE AGAINST MARY SMITH AND MARY *431SMITH BELIEVED THAT THE DEFENDANT HAD THE PRESENT ABILITY TO EXECUTE SAID THREAT, AND THE DEFENDANT BY ACTS AND WORDS PLACED MARY SMITH IN FEAR THAT DEATH AND SERIOUS BODILY INJURY WOULD BE IMMINENTLY INFLICTED ON MARY SMITH AND THE…