Montoya v. State

DAVIDSON, Judge.

Assault with intent to rape is the offense; the punishment, two years in the penitentiary.

Shortly after midnight, prosecutrix, a nineteen-year-old girl, was standing on a street corner waiting to take a bus to her home. Appellant, with whom she was acquainted, after getting out of an automobile in which he had been riding with others, approached and asked, “What are you doing here?” She replied that she was waiting for a bus to go home. Appellant made no further statement, rejoined the others in the car, and drove away. The automobile made what prosecutrix describes as “rounds…