Tackett v. State

Krueger, Judge.

Conviction is for an assault with intent to commit rape; punishment is assessed at confinement in the state penitentiary for a term of five years.

Appellant’s first contention is that the evidence is insufficient to sustain a conviction of an assault with intent to commit rape. He takes the position that if the State’s testimony shows him to be guilty of any offense, it is either rape or aggravated assault and not assault with intent to rape. A careful review of the testimony leads us to a different conclusion.

The injured female testified that she was 17 years of age at the time…