Thompson v. State
Texas Supreme Court
Appeal from Lamar. Tried below before the Hon. J. Q. Chenoweth, Judge of the Criminal Court of Paris. George Thompson was indicted for an assault with intent to commit a rape. The statement of facts shows that defendant entered the room of a white woman, a domestic, about ten o’clock at night; was seen by her and a little girl sleeping with her; when first noticed, he was standing by the bed-side, . with his hand upon the person of the domestic.
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Appeal from Lamar. Tried below before the Hon. J. Q. Chenoweth, Judge of the Criminal Court of Paris. George Thompson was indicted for an assault with intent to commit a rape. The statement of facts shows that defendant entered the room of a white woman, a domestic, about ten o’clock at night; was seen by her and a little girl sleeping with her; when first noticed, he was standing by the bed-side, . with his hand upon the person of the domestic. She woke up the girl sleeping with her—pulled up the bed-clothes— was too much frightened to scream, when defendant immediately left the - room, when…
1Opinion of the Court
Moore, Associate Justice.
The evidence in this case most obviously does not warrant the verdict found by the *584jury. There is nothing in the facts or circumstances disclosed in the record from which it can be justly inferred that appellant committed an assault with intent to commit rape, (Crim. Code, art. 494,) or that the offense of rape, though not committed, was attempted by the use of force, threats, or fraud. (Crim. Code, arts. 524, 525, 526, 530.)
The offense defined in article 494 is consummated when an assault is made upon a woman with intent and purpose to commit the offense of rape,…
2Cited by13 opinions
- Miller v. StateCourt of Criminal Appeals of Texas · 1912
- Price v. StateCourt of Criminal Appeals of Texas · 1896
- Hand v. StateCourt of Criminal Appeals of Texas · 1920
- Hunter v. StateSupreme Court of Florida · 1892
- Henkel v. StateCourt of Appeals of Texas · 1889
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