Lowry v. State

OPINION

ROBERTS, Judge.

In an unpublished per curiam opinion delivered December 7, 1977, we abated the present appeal from a conviction for aggravated rape, see V.T.C.A., Penal Code, Section 21.03, in order for the trial court to determine why an appellate brief had not been filed in the appellant’s behalf. See Lowry v. State, 558 S.W.2d 898 (Tex.Cr.App.1977); see also Steel v. State, 453 S.W.2d 486 (Tex.Cr.App.1970). Appellant’s brief is now before us for our consideration and the appeal has been ordered reinstated.

Appellant asserts that the court’s charge to the jury was fundamentally…