Melton v. State

Citations

• 24 Tex. Ct. App. 284
• 6 S.W. 39
• 1887 Tex. Crim. App. LEXIS 197

Syllabus

<p>il. Assault with Intent to Rape.—Attempt to Rape, as that offense is defined by article 535 of the Penal Code, is an offense distinct from, rape or assault with intent to rape, and comprehends elements different from those which combine to constitute either of those offenses.</p> <p>S. Same—Practice.—The indictment in this case charged, in the first count, an assault with intent to commit rap^, and in the second count an attempt to commit rape. The State elected to prosecute upon the second count, and the conviction was had under that count. One of the grounds relied upon in the motion to quash the second count was that there can be no conviction for attempt to rape except on a trial for the specific offense of rape. Held that the motion to quash was properly overruled, an attempt to rape being a substantive offense for which an indictment may be found and a conviction had.</p> <p>3. Attempt to Rape—Pact Case.—See the statement of the case in Melton v. The State, 23 Texas Court of Appeals, 204, for evidence held sufficient to support a conviction for attempt to rape.</p>