Curry v. State

Citations

• 4 Tex. Ct. App. 574

Syllabus

<p>1. Assault with Intent to Commit Rape—Indictment. — The Code, in defining this offense, uses the words intent and attempt interchangeably; in view of which, and of other provisions, held, that an indictment may, in this case, sufficiently charge the offense without using the word “intent.”</p> <p>2. Certainty. —- Such certainty in an indictment as will prevent prejudice to the accused, and enable him to plead the judgment in bar of a second prosecution for the same offense, meets all requirements in this regard.</p> <p>3. Charge op the Court.'—In all trials for felony, the judge, whether asked or not, must deliver to the jury a written charge, distinctly setting forth the law applicable to the case.</p> <p>4. Same. —Violent or indecent familiarity with the person of a female, against her will, with intent to have improper connection with her, but not to commit rape, is an aggravated assault; and, therefore, in a trial for assault with intent to commit rape, the evidence may make it incumbent on the judge, though not so asked, to charge to the jury the law applicable to such aggravated assaults. See such evidence in the present case, and the comment thereon in the opinion.</p>