Franklin v. State

BETHEA, Judge.

The appellant was convicted of the offense of assault with intent to rape, and his punishment assessed at two years in the penitentiary.

The indictment contains three counts, two charging rape, and one charging assault with intent to rape upon Frances Putty, a woman other than the wife of appellant and who, at the time, was so mentally diseased as to have no will to oppose the act of carnal knowledge.

The evidence for the state shows that Frances Putty was a young woman, more or less incapable of caring for herself,. unable to dress herself, and requiring the constant care and…