Brummitt v. State

SIMMONS, Retired Circuit Judge.

Appellant, an indigent at nisi prius and on this appeal, was indicted for assault with intent to rape, convicted therefor, with punishment fixed by the trial court at twenty years imprisonment.

It appears that at the time of the offense appellant, a black, was 17 years of age. The alleged victim, a white female, was 18 years of age. Essential details of the evidence in chief will follow. The trial court heard and denied defendant’s motion to be tried as a youthful offender pursuant to Title 15, Section 266(l)-266(6), Code 1940 as amended. See Supplement, Vol. 5,…