Lohse v. State

DICE, Commissioner.

The offense is rape; the- punishment, five years.

No statement of facts accompanies the record.

Appellant’s sole contention on appeal is that the indictment under which he stands convicted is void because (1) it does not allege venue — i. e., that the offense was committed in Tom Green County, Texas, and (2) it fails to charge an offense because it does not allege that he “unlawfully” committed the assault and rape upon the female.

Such contentions were urged by appellant in his motion to quash the indictment, which was by the court overruled.

The indictment reads, in part:

“THE…