Court of Criminal Appeals of Texas

Carlos Rene Rubio, Appellant v. the State of Texas, Appellee

September 24, 19801980 Tex. Crim. App. LEXIS 1374

Summary

The Court affirmed the conviction, holding that evidence of an extraneous attempted rape was admissible to rebut the defendant's defensive theory of consent in a rape prosecution, and that the indictment and jury charge were not fundamentally defective. The Court also overruled Jackel v. State.