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Rucker v. State

Texas Court of Criminal Appeals
599 S.W.2d 581 (1979)


Facts

Trummie Neal Rucker (defendant) hid in a woman’s car while she was in the post office. After the woman returned to the car, Rucker attacked her, punching her in the chest and face, and forced her to drive to a gravel side road. Rucker dragged the woman out of the car, forced her down in the weeds, and raped her. During the crime Rucker continued to hit her repeatedly. After the attack, Rucker told the woman to run as fast as she could or he would shoot her, and she ran away. The woman was bruised and battered, with blackened and swollen eyes and contusions and scrapes over most of her body, but suffered no broken bones, internal injuries, or permanent physical injuries. Rucker was convicted of aggravated rape and sentenced to life imprisonment. Rucker appealed, alleging that that the evidence had not established proof of any aggravating circumstances required by the aggravated rape statute, in this case threats of serious bodily injury or imminent death made during the crime.

Rule of Law

Issue

Holding and Reasoning (Roberts, J.)

Dissent (Douglas, J.)

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