Todd v. State

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of rape. The state did not file a declaration that it would seek the death penalty and appellant waived his right to a trial by jury. Punishment was assessed by the court at 16 years.

The sufficiency of the evidence is challenged.

The record reflects that the prosecutrix, an 18 year old girl, was at Shipe Park, on 45th Street in Austin, at approximately 1:00 A.M. on June 2, 1969; that she had just been “dropped off” there by a friend and started walking toward North Lamar when appellant drove up and asked her if she wanted a…