Allen v. State

PRENDERGAST, Presiding Judge.

From a conviction of an assault with intent to rape with a penalty of fifty years confinement in the penitentiary assessed this appeal is prosecuted.

Appellant contends that the evidence is insufficient to justify the jury to find him guilty of the offense they did, and that the court erred in submitting that offense to the jury, he claiming that he was guilty of no offense higher than aggravated assault.

The facts are undisputed. There is no question as to the identity •of the appellant as the party who committed the assault. Appellant testified and claimed that he…