Stidham v. State

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for attempted aggravated rape. After finding appellant guilty, the jury assessed punishment at five years.

In a supplemental brief, appellant contends that the charge to the jury contains a fundamental error in that it did not require the jury to find all of the essential elements of the offense in order to convict. This contention is raised for the first time on appeal.

The indictment under which appellant was charged alleges in pertinent part that appellant:

“intentionally and knowingly by force and by threatening the imminent…