Owens v. State

1. The evidence fully supports the verdict.

2. On account of the provisions of the Penal Code (1910), § 19, a prisoner can not he convicted of simple assault, where the only assault committed is consummated by a battery. An assault with intent to rape may be committed without a battery, and an indictment for this offense need not charge a battery; and under an indictment for this offense which does not allege a battery, the defendant can not be convicted of assault and battery. It follows that if the indictment be for assault with intent to rape and does not charge a battery, and the proof…