Martinez v. State

WOODLEY, Judge.

Under an indictment charging that he made an assault upon, ravished and had carnal knowledge of the named female under 18 years of age, who was not his wife, appellant was convicted of attempt to rape and was assessed a 10-year term in the penitentiary.

The state’s testimony showed that appellant had carnal knowledge of the eleven-year-old child, with her consent. Appellant, as a witness in his own behalf, testified that he fondled the girl and intended to have intercourse with her, but ejaculated and did not penetrate nor touch her with his male organ. It was his testimony that…