Gardner v. State

PRENDERGAST, Judge.

Appellant was convicted of an assault to rape a very young little girl, and his punishment assessed at seven years confinement in the penitentiary.

The record shows that appellant had no attorney to represent Mm on the trial.

There was no claim on the trial that appellant was insane either at the time of the commission of the offense, if one was committed, or at the time of the trial. Heither was there any claim or evidence on the trial that appellant, by reason of previous disease and his advanced age, had lost Ms manhood, and it was impossible for Mm to have had sexual…