Selby v. State

ON MOTION FOR REHEARING

HAWKINS, Judge.

The state has filed a motion for rehearing, urging that the evidence authorized the jury’s finding that the assault was made with the specific intent to commit the offense of rape, citing in support of its contention Berry v. State, 44 Tex. Cr. R. 170, 72 S. W. 170; Washington v. State, 51 Tex. Cr. R. 542, 103 S. W. 879; Hightower v. State, 65 Tex. Cr. R. 323, 143 S. W. 1168; Love v. State, 68 Tex. Cr. R. 228, 150 S. W. 920. Duckett v. State, 68 Tex. Cr. R. 331, 150 S. W. 1177. The three last cited cases involve assaults upon girls under the age of…