Bush v. State

OPINION

ONION, Presiding Judge.

Appellant was indicted for aggravated rape with two prior felony convictions for theft and burglary alleged for enhancement of punishment. V.T.C.A., Penal Code, § 12.42(d). A jury found the appellant guilty of the lesser included offense of rape. The enhancement paragraphs were found to be true by the court and appellant’s punishment was assessed at life imprisonment.

Appellant contends the trial court fundamentally erred in failing to instruct the jury at the guilt stage of the trial as to when sexual intercourse is without the female’s consent. There was, of…