Attaway v. State

BERRY, Judge.

Appellant was convicted in the district court of Denton County for the offense of assault with intent to commit rape by the use of force, and his punishment was assessed at confinement in the penitentiary for, a term of two years.

The evidence offered in the case to show sufficient force to constitute the offense charged is very meager and unsatisfactory. The testimony of the prosecutrix clearly raises the issue of aggravated assault, and proper exception was reserved by appellant to the court’s failure to define an aggravated assault in submitting this issue to the jury. The…