Brown v. State

HARPER, Judge.

Appellant was convicted of assault .with intent to rape and his punishment assessed at twenty-five years confinement in the penitentiary.

Appellant moved to quash the count in the indictment charging him with assault with intent to commit rape, on the ground that said count does not negative the consent of the girl. As the girl is alleged to be under fifteen years of age, it was not necessary to allege that the offense was committed without her consent. Tire offense may be committed with or without her consent, she being under fifteen years of age. Mayo v. State, 7 Texas Crim.…