Jason v. State

OPINION

W. C. DAVIS, Judge.

This is an appeal from a conviction for aggravated rape of a child. V.T.C.A. Penal Code, Sections 21.09 and 21.03. Punishment, enhanced by one prior conviction, was assessed by the jury at thirty-five years in the Texas Department of Corrections.

The sufficiency of the evidence to sustain the conviction for rape is not challenged. The record reflects that the complaining witness D_M_ met appellant on August 1, 1976 in the lounge of Goofy’s Game Room, at approximately midnight. D— M_ and a friend left the lounge with appellant and his friend, to go to appellant’s…