Wilson v. State

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for aggravated rape. The jury assessed punishment at thirty-five years.

The prosecutrix testified that appellant raped her after threatening her with a gun on May 6, 1975. Appellant testified in his own behalf that the prosecutrix consented to the sexual intercourse.

Appellant contends in four grounds of error that the trial court improperly limited appellant’s introduction of evidence concerning the prosecutrix’s prior sexual behavior. The trial court, after conducting a hearing out of the presence of the jury pursuant to V.T.C.A.,…