Berry v. State

OPINION

W. C. DAVIS, Judge.

This is an appeal from a conviction for aggravated rape. V.T.C.A., Penal Code, § 21.03. The jury assessed punishment at life imprisonment in the Texas Department of Corrections.

In his third ground of error, appellant contends that the evidence is insufficient to sustain a conviction for aggravated rape. He concedes that the evidence may show the commission of a rape, but contends that there is no evidence of him compelling submission by a threat of death or serious bodily injury to be imminently inflicted upon her, as required by § 21.03, supra. We disagree.

The…