Wooldridge v. State

LATTIMORE, Judge.

—In this case, appellant was charged in the District Court of Falls County, by an indictment containing a number of counts, among which were rape, assault with intent to rape, etc. On the trial, the court submitted to th,e jury only the count charging rape, and the count charging assault with intent to rape; and under this charge appellant was convicted of assault with intent to rape, and his punishment was fixed at four years confinement in the penitentiary, from which he appeals. The injured female was alleged to be under the age of consent.

The appellant first claims that…