McGee v. State

Appellant was found guilty of assault with intent to commit rape. The jury’s verdict finding bim guilty did not fix Ms punishment, but left that duty to the trial judge. Section 4070, Pope’s Digest, permits this practice and under its authority appellant was given a sentence of four years in the penitentiary. To reverse this judgment appellant assigns three errors in his motion for a new trial; that the verdict of the jury was contrary to law, contrary to the evidence, and that the court erred in giving Instruction No...........

The testimony shows that immediately before assaulting Mrs.…