Thomas v. State

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for assault with intent to tape. The trial was before the court on a plea of not guilty. The punishment was assessed at five years, probated.

All of the grounds of error challenge the sufficiency of the evidence.

The indictment charged the appellant with assault with intent to rape Paula Cherry, a female under the age of eighteen years. The proof shows that Paula Cherry was the fourteen-year-old stepdaughter of the appellant. At the time *783of the alleged offense, Paula’s mother was in Mexico.

Paula testified that at approximately 11:30 p.…