Childs v. State

OPINION

ODOM, Judge.

Appellant was convicted for aggravated rape under V.T.C.A., Penal Code Sec. 21.-03(a)(2). Punishment was assessed at twenty years.

Appellant in two grounds of error asserts that the indictment is fundamentally defective because it fails to charge the offense of aggravated rape as set forth in Sec. 21.03, supra.

Appellant made no motion to quash the instrument at trial. The indictment, omitting the formal parts, alleges that the appellant:

“ . . . did then and there knowingly and intentionally by force and threats have sexual intercourse with A_-_M_J_, a female not his wife,…