Summers v. State

KRUEGER, Judge.

The offense is an assault with intent to commit rape. The punishment assessed is confinement in the state penitentiary for a period of fifteen years. ^

The only controverted issue in the case is whether the appellant’s mind was so deranged from disease or the recent use of ardent spirits, or both, that he did not know the particular acts which he was doing was wrong; in other words, whether or not he had sufficient mental capacity to understand and distinguish between the right 'and the wrong. These issues were properly submitted to the jury by the court in an appropriate…