Kruger v. State

Court of Criminal Appeals of Texas

Kruger v. State

623 S.W.2d 386, 1981 Tex. Crim. App. LEXIS 1212

Court of Criminal Appeals of Texas·Decided October 28, 1981·No. 60696·Published·Cited by 4 cases

Opinions

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for rape of a child, where the punishment was assessed by the jury at ten (10) years’ imprisonment and a fine of $5,000.00, probate ed.

On appeal appellant’s sole ground of error is the conviction is based upon V.T.C.A., Penal Code, § 21.09, which statute is unconstitutional in that it invidiously discriminates against males in violation of the Fourteenth Amendment, United States Constitution, and Article I, § 3a of the Texas Constitution.

This same contention was raised in and answered adversely to appellant’s argument [387]*387in Ex parte Groves, 571 S.W.2d 888 (Tex.Cr.App.1978). We adhere to Groves.

The judgment is affirmed.

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OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for rape of a child, where the punishment was assessed by the jury at ten (10) years’ imprisonment and a fine of $5,000.00, probate ed.

On appeal appellant’s sole ground of error is the conviction is based upon V.T.C.A., Penal Code, § 21.09, which statute is unconstitutional in that it invidiously discriminates against males in violation of the Fourteenth Amendment, United States Constitution, and Article I, § 3a of the Texas Constitution.

This same contention was raised in and answered adversely to appellant’s argument [387]*387in Ex parte Groves, 571 S.W.2d 888 (Tex.Cr.App.1978). We adhere to Groves.

The judgment is affirmed.

Kruger v. State, 623 S.W.2d 386, 1981 Tex. Crim. App. LEXIS 1212 (Tex. 1981).

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Opinions

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