Greenlee v. State

Citations

• 4 Tex. Ct. App. 345

Syllabus

<p>1. Indictment — Certainty.— An indictment is sufficiently certain if it charges the offense in plain and intelligible words, and with such certainty as will enable the accused to plead the judgment rendered upon it in bar of another prosecution for the same offense.</p> <p>2. Same—Assault with Intent to Commit Rape.—An indictment for this offense need not allege that the accused is a male, or that the assaulted female is a person in being.</p> <p>3. Same. —Indictment, alleging time and place, charged that the accused, “in and upon the body of E. G., then and there being a woman, did make an assault, and her, the said E. G-., then and there did beat, wound, and ill-treat, with the intent then and there her, the said E. G., against her will and without her consent, then and there feloniously to rape and carnally know,” etc. Held, sufficient in substance to charge an assault with intent to commit rape.</p>