Boston v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

In a jury trial appellant was convicted of attempted rape and was sentenced to confinement for three years. The Court of Appeals held that fundamental error in the jury charge required reversal, Boston v. State, 629 S.W.2d 774 (Tex.App.—Dallas 1981), and we granted the State’s petition for discretionary review in order to consider that issue.

The indictment alleged that appellant did:

“with the specific intent to commit the offense of rape, attempt to have sexual intercourse with [L- W-], hereinafter called complainant, a female…