Sherbert v. State

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for rape of a child as denounced by V.T.C.A. Penal Code, Sec. 21.09. Punishment was assessed by the jury at twenty years.

The indictment alleged the offense occurred on or about May 19, 1974 and the record reflects that trial was in November, 1974.

At the outset, appellant contends that “the evidence is insufficient for the reason that the record does not reflect penetration of appellant’s sexual organ into that of the complaining witness.”

V.T.C.A. Penal Code, Sec. 21.01(3) provides:

“ ‘Sexual intercourse’ means any penetration of the…