Battle v. State

Citations

• 4 Tex. Ct. App. 595

Syllabus

<p>1. Indictment. — Though better that an indictment for rape, or for assault with intent to commit rape, should expressly aver that the injured party is a woman or female, yet the omission of such an averment will not vitiate, if that allegation appears from all that is stated in the indictment.</p> <p>2. Same — Case Stated. —Indictment for assault with intent to commit rape designated the party injured by the feminine name Theresa, and also by the pronoun “her; ” but nowhere expressly alleged the sex of such party. Defendant moved in arrest of judgment for want of such an allegation. Meld, that the motion was correctly overruled.</p>