Harris v. State

GAMMAGE, Justice.

Frederick Harris appeals his conviction for aggravated rape in which a jury assessed punishment, enhanced by a prior conviction, at 51 years in the Department of Corrections.

Appellant brings two grounds of error, arguing that the indictment underlying his conviction is fundamentally defective for failure to allege an essential element of the offense, and that the evidence is insufficient to sustain a conviction for aggravated rape. We will reverse the judgment of conviction and order the indictment dismissed.

Appellant was convicted for violation of Tex.Pen.Code Ann. §…