Douthit v. State

Article 1162, Vernon’s Ann.P.C., provides that:

“If any person shall assault a woman with intent to commit the offense of rape, he shall be confined in the penitentiary for any term of years not less than two.” (emphasis supplied)

To constitute an assault with intent to commit rape, the State has the burden of *163proving1 a specific intent to rape,2 and said burden is not satisfied by evidence showing only a mere possibility of such specific intent.3 Moreover, the rule has been that there must be a present intent to commit rape accompanying the assault,4 with a few cases stating that there must be…