Melton v. State

OPINION

ONION, Judge.

The offense is assault with intent to commit rape; the punishment, assessed by the court after a verdict of guilty, ten years’ confinement in the Texas Department of Corrections.

The indictment charged the offense of statutory rape. The case was submitted to the jury upon the lesser included offense of assault with intent to rape.

In grounds of error #1, #3 and #4 the appellant challenges the sufficiency of the evidence to sustain the conviction.

Gloria Terrazas, 13, the prosecuting witness who was 12 years old at the time of the alleged offense, testified that she met the…