Waffer v. State

OPINION

GREEN, Commissioner.

This is an appeal from a conviction in a trial before a jury of rape. Punishment was assessed at seventy-five (75) years.

The facts in evidence are substantially as set forth in Waffer v. State, Tex.Cr.App., 500 S.W.2d 659. That case involved an assault upon the companion of the pros-ecutrix herein with the intent to rob. Except as necessary to pass upon the grounds of error raised by appellant, we shall not repeat in detail the evidence.

Appellant initially makes the contention that his conviction in the assault to rob case, supra, constituted former jeopardy, and…