Rutkowski v. State

CHRISTIAN, Judge.

The offense is assault with intent to rape; the punishment, confinement in the penitentiary for five years.

Prosecutrix, Annie Kortz, was 24 years of age at the time of the alleged assault. She resided with her mother and father near the home of the appellant. According to the testimony of her mother, prosecutrix was an invalid, and, due to a spinal affliction, was unable to walk. Appellant and the father of prosecutrix had apparently been friends, and frequently visited one another.

The father of prosecutrix testified that on April 9, 1939, appellant came to his home and…