Small v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for assault with intent to commit rape with the punishment being assessed at five years by the court following a verdict of guilty.

In his first ground of error appellant urges without citation of authority that the indictment is fatally defective since it did not allege that he had the “specific” intent to commit rape. The indictment in part alleged that the appellant “did then and there unlawfully in and upon RA-, a woman, make an assault, with the intent then and there to commit the offense of rape upon the said RA- * * We…