Allen v. State

HENDERSON, Judge.

Appellant was tried on an indictment charging him with assault with intent to rape, was convicted, and his jmnishment assessed at five years in the penitentiary, and he prosecutes this appeal. The indictment charges that the prosecutrix was under 15 years of age, and the proof also established that fact. The testimony with regard to the assault on the prosecutrix was as follows: The mother of the prosecutrix testified: That her daughter was 7 years old. That she was keeping a section house on the Gulf, Colorado & Santa Fe Railroad. That defendant, Allen, was at work on the…