Ellison v. State

OPINION

NYE, Chief Justice.

After waiving his right to a jury, appellant was convicted of the offense of rape, with punishment assessed at 10 years confinement in the Texas Department of Corrections. In a single ground of error, appellant challenges the sufficiency of the evidence to support his conviction. Appellant admits that he had sexual intercourse with the complaining witness, but contends that the evidence is insufficient to show a lack of her consent.

To review such ground of error, we must view the evidence in the light most favorable to the verdict and affirm the judgment if there is…