Birmingham v. State

BERRY, Judge.

The offense is assault with intent to commit rape, and the punishment is twenty years in the penitentiary.

The prosecutrix is a fourteen year old white girl and the appellant is a thirty year old negro. The prosecutrix testified that she was sleeping in an adjoining room to that of her father and mother while across the hall other members of the family were sleeping- That the first thing that attracted her attention was when she heard something which she thought was a cat, and that something pulled on the cover. That she did not holler then but that somebody placed his hand on her…