Barton v. State

The indictment under which the defendant stands convicted charged that he did commit the offense of assault with intent to rape; for that he-did “on the 3rd day of February in the year 1938, . . unlawfully and with force and arms, in and upon one Mel Rose Bowen, a female, violently and feloniously make an assault, and he, the said-J. B. Barton, did then and there violently seize, strike, and beat her, the said Mel Rose Bowen, with intent then and there to have carnal knowledge of her, the said Mel Rose Bowen, forcibly and against her will.” It appears from the evidence that Mel Rose Bowen was…