Johnson v. State

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for aggravated rape. After finding appellant guilty, the jury further found that he had previously been convicted of a felony offense and assessed punishment at 99 years.

In his third ground of error, appellant maintains the court erred in overruling his motion to quash the indictment. He contends the indictment is duplicitous in that it alleges that the offense was committed “by force and by threatening.”

The indictment under which appellant was convicted alleges in pertinent part that on September 12, 1977, he:

“did then and there…