Brooks v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for rape; the jury assessed the punishment at 99 years.

The appellant’s sole contention is that the evidence is insufficient to support a charge to the jury on “rape by force” or to support the jury’s verdict of guilty. The indictment alleged “rape by force and threats” and the court charged on both.

The complaining witness testified that on January 19, 1970, early in the afternoon, the appellant came to the door at her home in Amarillo and asked for her husband. She and her five-year-old daughter were alone in the house. Her two sons,…