Patton v. State

MORROW, Presiding Judge.

The offense is rape, punishment fixed at confinement in the penitentiary for a period of five years.

In the indictment it is charged that the appellant “did make an assault upon and did then and there ravish and have carnal knowledge,” etc. The prosecutrix was averred to be under fifteen years of age. Under this indictment, a conviction could be sustained upon proof of either rape by force or by acquiescence of a female whose age was below eighteen years. See Buchanan v. State, 41 Tex. Crim. Rep. 127. Such an indictment, by the use of the word “ravish,” charges rape by…