Trammell v. State

ON MOTION FOR REHEARING.

GRAVES, Judge.

Appellant again insists that the proven facts herein fail to establish his guilt of an assault with intent to rape and cites us *177to the case af Rutkowski v. State, 137 Tex. Cr. R. 541, 132 S.W. (2d) 880. There seems to be quite a difference in the facts delineated in such cited case and the present one. In that case there was nothing that intervened between the accused fondling the person of the complaining witness save the failure of accused to attempt to go further and attempt to penetrate the witness’ private parts, but he merely failed to do aught…