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Legal Opinion

North v. State

Court of Criminal Appeals of Texas

Decided March 19, 1980No. 58515PublishedCited by 7 opinions

1Opinion of the Court

OPINION

CLINTON, Judge.

This is an appeal from a conviction for the offense of aggravated rape wherein the jury assessed punishment at confinement in the Texas Department of Corrections.

At the outset, we are confronted with fundamental error in the jury charge that requires reversal in the interest of justice. See Article 40.09(13), V.A.C.C.P.

Omitting the formal parts, the indictment charged that appellant did:

“. . . intentionally and knowingly by force and by threatening the imminent infliction of serious bodily injury and death to M_ H_, a female not his wife and hereafter styled the…

Also in this document: Dissent.

2Cases cited6 opinions

  1. Braxton v. StateCourt of Criminal Appeals of Texas · 1975
  2. Childs v. StateCourt of Criminal Appeals of Texas · 1977
  3. Thompson v. StateCourt of Criminal Appeals of Texas · 1978
  4. West v. StateCourt of Criminal Appeals of Texas · 1978
  5. Zachery v. StateCourt of Criminal Appeals of Texas · 1977

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Garcia v. DialCourt of Criminal Appeals of Texas · 1980
  2. Archie v. StateCourt of Criminal Appeals of Texas · 1981
  3. Ford v. StateCourt of Criminal Appeals of Texas · 1981
  4. Ex parte PerezCourt of Criminal Appeals of Texas · 1981
  5. Hines v. StateCourt of Criminal Appeals of Texas · 1983

2 more not listed; retrieve them via the Exa API.

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