Ben Dyer v. State

GRAVES, Judge.

Appellant was convicted of an assault with intent to rape upon a young lady seventeen years of age and awarded a penalty of two years in the state penitentiary.

The State’s testimony shows that this young lady, in company with two or three younger girls, had attended a moving picture show at night in Decatur in said county. They witnessed the first show, had left the theater and were across the street therefrom when a foster son of appellant there accosted the 17-year-old girl and told her that the manager of the show wished to see her. She started back to the theater, followed…