Helms v. State

CHRISTIAN, Judge.

The offense is assault with intent to rape; the punishment, confinement in the penitentiary for five years.

The testimony of the State was to the effect that appellant took Maxine Harrell, an eight-year-old child, to the city park in Houston, Texas, and had sexual intercourse with her. Again, the State’s testimony was to the effect that Joydell Harrell and Marie Kent were with the parties at the time.

Appellant did not testify, but introduced witnesses whose testimony raised the issue of alibi.

It is recited in bill of exception No. 4 that the three children in question had…