McAvoy v. State

BROOKS, Judge.

Appellant was convicted of an assault with intent to rape, and his punishment assessed at ten years confinement in the penitentiary.

The indictment, in the charging part, is as follows: “That L. H. McAvoy, on or about the 18th day of December, A. D. 1897, and anterior to the presentment of this indictment, in the county and State aforesaid, in and upon Carrie Race, a woman, then and there under the age of fifteen years, did make an assault, with the intent then and there to commit the offense of rape upon said Carrie Race by then and there, without the consent of the said Carrie…