Gurley v. State

DICE, Judge.

The offense is assault with intent to rape; the punishment, 50 years.

The state’s testimony shows that on the night in question, the prosecutrix, then fifteen years of age, went to a theater in the city of Houston in company with her girl friend. When they arrived the appellant, whom they both knew, was in the theater lobby drinking gin from a paper cup. Appellant gave the cup to the prosecutrix and after she had consumed the contents, she became ill. Thereupon, appellant and the girl friend took the prosecutrix to the girl friend’s home and put her on a bed in the back bedroom.…