Gardner v. State

LATTIMORE, Judge.

is the second appeal in this case. See Gardner v. State, 82 Texas Crim. Rep., 38, 198 S. W. Rep., 312.

Appellant was convicted of assault with intent to rape a female under the age of fifteen years and his punishment fixed at two years confinement in the penitentiary.

Complaint is made of the insufficiency of the indictment, it being claimed by appellant that such indictment combined in one count the two offenses of assault with intent to rape and an attempted rape. Indictments almost identical in form have been before this court and held good. Taylor v. State, 44 Texas Crim.…