Hunter v. State

KRUEGER, Judge. —

Appellant was convicted of the offense of an assault with intent to commit rape, and his punishment was assessed at confinement in the state penitentiary for a term of two years.

The only question presented for review is the court’s action in declining to submit to the jury an instruction on the law of aggravated assault. In order to determine this question and to make clear the reason for our conclusion in this case, we deem it proper to state the salient facts proved upon the trial.

The record shows that the alleged offense occurred in an outdoor toilet situated near a…