Walker v. State

MORROW, Presiding Judge.

The offense is assault with intent to rape; punishment fixed at confinement in the penitentiary for a period of not less than five nor more than fifteen years.

It is claimed that the assault was made on the 19th day of November, 1927. The indictment was filed March 15,- 1928, and the trial took place on the 29th of that month.

According to the State’s case, the prosecutrix, a woman with grown children, was, in the day time, cutting some rose sprouts in a public cemetery where two men were engaged in work, when she was assaulted by a negro. According to her description,…