Ortega v. State

OPINION

MORRISON, Judge.

The offense is rape by force; the punishment, death.

Prosecutrix, while asleep in bed with her husband and three year old daughter, was awakened by her husband’s remark, “Oh my God, no.” She then saw a man, whom she positively identified as appellant, standing near the bed. He commanded prosecu-trix’s husband to turn his face to the wall, and brandished a knife with a hooked blade at the husband, with vile threats that he would kill the husband and the child. Appellant forced prosecutrix to commit an act of oral sodomy upon him and allow him to commit acts of intercourse…