Harris v. State

OPINION

WOODLEY, Presiding Judge.

The offense is rape; the punishment, 25 years.

The sufficiency of the evidence is challenged. Ground of error No. 1 complains that the evidence is insufficient to show lack of consent. Ground No. 2 complains that the evidence is insufficient to show force and threats were used by appellant sufficient to overcome the will of the pros-ecutrix.

The count of the indictment on which the case was submitted to the jury alleged rape by force, threats and fraud. The charge of the court submitted rape by force and by threats and authorized the jury to convict if they found…