Brust v. State

Appellant was convicted of rape under an indictment, the charging part of which reads as follows: “In the county aforesaid, on the 24th day of November, 1921, the said Basil Brust did unlawfully, feloniously, violently, forcibly, and against her will, assault and carnally know one Irene Bobbitt, a female person under the age of sixteen years.”

The insistence' is that the adverbs, “unlawfully, feloniously, violently and forcibly,” and the phrase, “and against her will,” qualify only the word “assault,” and charge only a misdemeanor, and that there are no adverbs in the indictment which qualify…