Smith v. State

OPINION

Opinion by Chief Justice MORRISS.

In the early morning hours of April 27, 2001, Samuel E. Smith, alone in the car with L.R., the woman who had given him a ride home from a friend’s birthday party, forcibly tore L.R.’s shirt and bra off of her body, began pulling her hair, and told her she was going to perform oral sex on him and he was going to engage in anal intercourse with her, though his language was, we will say, more vivid. After struggling with Smith and crying out for help, L.R. was able to escape from Smith before he completed any actual sexual assault.

The State indicted Smith…