Bell v. State (122 S.W.2d 630, 1938)

CHRISTIAN, Judge.

The offense is assault with intent to rape; the punishment, confinement in the penitentiary for two years.

Opal Featherston, the prosecutrix, was 13 years of age, and a student in the.Klondike school in Dawson County at the time of the alleged offense. On the 15th- of April, 1938, appellant, accompanied by Blackie Frazier, had come from Lubbock to Klondike for the purpose of making deliveries to certain stores. During the noon hour he and Frazier drove to the school grounds, where they received permission from one Cr. R. 218, 104 S.W.2d 25. We think the •.testimony fails to show that appellant had the present intent to have sexual inter.course with prosecutrix.

The judgment is reversed and. the cause ■remanded.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals .and approved by the Court.