Clay v. State

ON MOTION FOR REHEARING.

GRAVES, Presiding Judge.

The appellant’s motion for rehearing is concerned with the fact that he claims that at the time of the commission of the al*36leged offense he had no present intention to ravish the prosecutrix despite her resistance, and that a careful reading of the facts would so convince us. We have again carefully read the facts and also the cases cited by the appellant in support of his propostion.

It will be noted that it is not necessary for the completed act to show the present intention to perform that act. Appellant is charged with an assault with intent…