Martinez v. State

OPINION

CANTU, Justice.

In a trial before a jury appellant was convicted of rape of a mentally diseased or defected woman, see Tex.Penal Code Ann. § 21.02(aXbX4) (Vernon Supp. 1981),1 and punishment was assessed at eleven years.

Appellant in his first ground of error complains that the evidence was insufficient to sustain the conviction. He specifically asserts that there was insufficient evidence to prove lack of consent by the com*932plainant and knowledge on his part of complainant’s mental defect.

The standard for reviewing the sufficiency of the evidence requires that the evidence be viewed in…