Montgomery v. State

MORROW, Presiding Judge.

Under an indictment charging rape, appellant was convicted of an assault to rape and condemned to confinement in the penitentiary for a period of six years.

The young lady, nineteen years of age, who was the subject of the alleged assault, after attending Normal School in Weatherford, the county seat, for a time was about'to return to the home of her parents some six or seven miles distant in the country. To bring her home, her brother, eighteen years of age, went in a wagon to the county seat, arriving in the evening about half-past eight o’clock. The prosecutrix and a…