Wyvias v. State

DAVIDSON, Presiding Judge.

The indictment contains two counts, the first charging appellant with intent to rape, and the second count undertakes to charge an attempt to rape. Omitting formal parts of the second count, it reads as follows: “Richard Wyvias, a male, did then and there unlawfully make and commit an assault in and upon Alda Bilbo, a female, who was then and there under the age of fifteen years and was not the wife of the said Richard Wyvias; and the said Richard Wyvias did then and there unlawfully attempt to ravish and have carnal knowledge of the said Alda Bilbo,” etc. Conviction…