Lowe v. State

ON APPELLANT’S MOTION FOR REHEARING

DICE, Judge.

In his motion for rehearing, appellant, for the first time, complains of the court’s charge, no objections having been made thereto in the trial court.

Complaint is made to Paragraph No. 2 of the charge wherein the court instructed the jury that in order to warrant a conviction of the appellant for- the offense of assault with intent to rape it should appear from the evidence beyond a reasonable doubt that he made the assault upon the female and' that he “then and there had the specific intent by such assault, with or without the use of force * *…