Dudley v. State

DAVIDSON, Judge.

Appellant was convicted of assault with intent to rape a girl under the age of 15 years, and-appeals. The charging part of the indictment is as follows: “Oscar Dudley * * * did then and there unlawfully in and upon Pearl Hyden, who was then and there a female under the age of fifteen years, make 'an assault, with the intent then and there to commit the offense of rape upon the said Pearl Hyden, by then and there attempting to have carnal knowledge of the said Pearl Hyden.” It is contended that this indictment .is fatally defective in failing to charge that the assaulted female…