Seaton v. State

OPINION

W. C. DAVIS, Judge.

This is an appeal from a conviction for aggravated rape of a child. Appellant was tried before a jury, which found him guilty of the offense and assessed his punishment, enhanced by one prior conviction, at ninety-nine years in the Texas Department of Corrections.

In his first ground of error, appellant contends that the evidence is insufficient to show that the rape was aggravated. V.T. C.A. Penal Code, Sec. 21.09, provides that:

“(a) A person commits an offense if he has sexual intercourse with a female not his wife and she is younger than 17 years.”

V.T.C.A. Penal…