Franklin v. State

MARTIN, Judge.

Off ensé assault with intent to rape, penalty two years in the penitentiary.

The record presents a perplexing and rather unique situation. The indictment is in three counts. The first count sufficiently charges a rape upon a woman, other than the wife of a/ppellant, so mentally diseased at the time as to have no will to oppose the act of carnal knowledge. The second count sufficiently charges an assault to rape upon a mentally diseased woman, other than the wife of appellant, and the third count, upon which the conviction was had, is sufficient, in our opinion, to charge the…