DICE, Commissioner.
The offense is assault with intent to rape; the punishment, 50 years.
The state's testimony shows that on the night in question, the prosecutrix, then fifteen years of age, went to a theater in the City of Houston in company with her girl friend. When they arrived the appellant, whom they both knew, was in the theater lobby drinking gin from a paper cup. Appellant gave the cup to the prosecutrix and after she had consumed the contents,...
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