GARCIA v. STATE

No. 08-81-00019-CR.

659 S.W.2d 843 (1982)

Anastacio Hernandez GARCIA, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, El Paso.

April 14, 1982.


Attorney(s) appearing for the Case

Adolfo Ouijano, Jr., El Paso, for appellant.

Steve Simmons, Dist. Atty., El Paso, for appellee.

Before PRESLAR, C.J., and WARD and OSBORN, JJ.


OPINION

WARD, Justice.

This is an appeal from a conviction for rape, alleged to have occurred on April 10, 1979. The jury assessed punishment at eighteen years confinement. We affirm the conviction.

The theory of culpability, as alleged in the indictment, was that the complainant suffered from a mental defect which rendered her incapable of appraising the nature of the act of intercourse or of resisting it. Under Penal Code Section 21.02(b)(4), this...

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