Jackson v. State

1. A charge in an indictment that the accused “did feloniously assault and attempt . . to ravish and carnally know ” the female alleged to have been assaulted necessarily implies that the act was done forcibly and against her will. Harman v. Com., 12 Serg. & Rawle (Pa.), 70; Davis v. State, 42 Tex. 228; Williams v. State, 1 Tex. App. 92; Gibson v. State, 17 Tex. App. 574; O’Connell v. State, 6 Minn. 190; 2 Wharton’s Am. Cr. Law, § 1154.

2. The ground of the motion for a new trial based upon alleged newly discovered evidence is without merit, it not appearing that the accused was before the…