Carr v. State

*343ON appellant’s motion for rehearing.

WOODLEY, Judge.

Appellant urges that we erred in holding that the facts were sufficient to sustain the conviction. He points out that the confession shows a completed act of intercourse, not an assault to commit the same.

His proposition of law is stated as follows: “though a jury on an original trial may convict of a lesser offense, it may not so do when the undisputed facts show the greater offense to have been committed.”

The statutes of this state and the holdings of this court are to the contrary.

Sec. 9 of Art. 753 C.C.P. provides for the granting of a…