Morris v. State

MORROW, Judge.

Conviction was for the offense of assault with intent to rape, and punishment assessed at confinement in the penitentiary for a term of six years.

The subject of the assault was Myrtle Cook. The evidence justifies the conclusion reached, by the jury..One of the complaints is based upon the refusal of the court to give a special charge under article 41 of the Penal Code with reference to-the consideration by the jury of evidence of temporary insanity, if any, produced by the use of ardent spirits in mitigation of the penalty. The statute in question is as follows: “Neither…