Collins v. State

HARPER, Judge.

Appellant was indicted, charged with the offense of assault with intent to commit rape; when tried he was adjudged guilty and.his punishment assessed at two years in the penitentiary.

The first two grounds in the motion for new trial complain of the verdict, alleging that the evidence is insufficient to show that appellant assaulted the prosecuting witness, or that if he did assault her, it was with the intent to commit the offense of rape. The prosecuting witness, Iva May Griffin, testified she went with appellant and his sister to a party at Mr. Kaltwasser’s on the night of the…