Davis v. State

LATTIMORE, Judge.

— This This appellant was indicted for an assault to .rape but the learned trial judge submitted only an aggravated as sault based on indecent familiarity with the person of a female against her will and consent, and the conviction was for aggravated assault with a fine of $300.

Prosecutrix was a girl twenty years of age and was going from school along a path through pasture lands. She met appellant, who was a neighbor boy, at a point where the path led through some timber. When even with her he took hold of the upper part of her left arm, with both hands. She tried to get…