Jokes v. State

Citations

• 18 Tex. Ct. App. 485

Syllabus

<p>1. Assault with Intent to Rape — Indictment.—An assault with intent to rape a woman is any attempt to have carnal knowledge of a woman, without her consent, by force, threats or fraud. It is constituted by the use of any threatening gesture, showing in itself, or by words accompanying it, an immediate intention, coupled with an ability, to have carnal knowledge of the woman without her consent, by force, threats or fraud. See the opinion in extenso for an indictment held sufficient to charge an assault with intent to commit rape by force, and note also the suggestions of this court in connection with the same.</p> <p>2„ Same—Fact Case.— See the statement of the case for evidence held insuffito support a conviction for assault with intent to rape, inasmuch as it fails to show the intent with which the assault was made, and proves no more than an aggravated assault and battery.</p>