Ellison v. State

WOODLEY, Judge.

Appellant was convicted of the offense of assault with intent to rape and his punishment was assessed by the jury at 25 years’ confinement in the penitentiary.

The indictment charged such assault to have been made upon the named party who was alleged to be a female under the age of 18 years, and not the wife of appellant, with the intent to ravish and have carnal knowledge of her.

Appellant’s contention that the indictment is insufficient for failure to allege the female to be under 15 years of age is without merit. The cases cited by appellant were cases dealing with convictions…