Daniels v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for assault with intent to rape where the punishment was assessed by the court at 15 years.

The indictment charged statutory rape but the jury, under instructions permitting them to do so, found the appellant guilty of the lesser included offense.

The record reflects that on March 13, 1968, the prosecutrix, who was 14 years old at the time, got off a bus in the city of Houston and started walking toward her school two blocks away. She related that she observed appellant, whom she had seen at least on one previous occasion,…