Akers v. State

Offense, assault to rape; penalty, two years in the penitentiary.

The injured female was a little girl five years old at 'the time of the commission of the offense, who lived with her parents in a residence adjoining that where the appellant lived.

Testimony for the state shows that the injured female was called into the house where appellant was playing a horn. He. said he wanted to tell her something. He took her in a back room, spread vaseline or grease on his private parts, and attempted to penetrate her female organ. She went home thereafter crying and told her mother of the transaction.…