Pittcock v. State

DAVIDSON, Judge.

The indictment contains two counts, one charging assault with intent to rape, 'and the other an attempt to rape. After the testimony was concluded the court only submitted the issue of aggravated assault, instructing the jury that all charges of assault to rape and attempt to rape were withdrawn from their consideration.

The evidence, in brief, discloses that the alleged assaulted party was a young lady teaching school in the neighborhood and boarding in the family of appellant. Appellant’s wife left home to be gone a few days, stating she would be back on a certain day…