McDaniel v. State

OPINION

ROBERTS, Judge.

This appeal is from a conviction of aggravated rape. The jury found the appellant guilty, and, after finding that the single enhancement paragraph was true, assessed punishment at confinement for life.

In his first ground of error, the appellant contends that the indictment is fundamentally defective because it fails to allege that a threat of serious bodily injury was to be imminently inflicted. The indictment alleges that the appellant:

“... did then and there knowingly and intentionally by threats and force, and without her consent, have sexual intercourse with P- S_, a…