Fulcher v. State

Roberts, Chief Justice.

This is a prosecution for an assault with intent to commit a rape. The defendant ivas convicted, and his punishment was assessed at five years in the penitentiary.

An appeal was taken to this court.

There are some irregularities in the mode of bringing up the case which has caused a delay of the determination of it until lately. The objections to the appeal on that account have been waived.

The charge of the court does not mention the word “ rape,5’ or define it, or describe the constituents of that offense, or convey any idea to the jury as to what facts constitute any…