Maynard v. State

WOODLEY, Judge.

Appellant was convicted of the offense of assault with intent to rape, and his punishment was assessed by the jury at two years’ confinement in the penitentiary.

The indictment alleged and the proof showed that the prosecutrix was thirteen years of age, and was not the wife of appellant. The indictment contained no allegation regarding consent or want of consent of the girl.

The evidence discloses that a short time prior to their meeting appellant and one Davis on the road, the prosecutrix had engaged in an act of sexual intercourse with a boy about 17 years of age named Mills.…