Schroeder v. State

Conviction is for assault with intent to rape; punishment fixed at confinement in the penitentiary for a period of two years.

In the indictment, it is charged;

That the appellant “ * * * did then and there unlawfully in and upon Rada Bowers, a female, then and there under the age of eighteen years, and other than’the wife of the said J. E. Schroeder, did make an assault and did then and there by force and without her consent attempt to ravish and have carnal knowledge of the said Rada Bowers against the peace and dignity of the state.”

Our statute defining rape does not create two offenses. If…