Brown v. State

KRUEGER, Judge.

The appellant was tried and convicted of the offense of an assault with intent to commit rape, and his punishment was assessed at confinement in the State penitentiary for a term of two years.

The appellant’s first contention is that the testimony is insufficient to warrant and justify his conviction. The material facts in support of the charge contained in the indictment were related by the prosecutrix who was 13 years of age at the time of the trial, who testified as follows: “On the morning of August 13, 1934, I was at home alone. Defendant came to our house between 8 and 9…