Court of Criminal Appeals of Texas January 13, 1897, No. 1144. (Rice v. State)

HENDERSON, Judge.

Appellant was convicted of rape, and his punishment assessed at thirty years’ confinement in the penitentiary; hence this appeal. The only question'which will be noticed is that pertaining to the indictment, which, as to the charging part, is as follows, to-wit: “That Henry Rice * * * did then and there unlawfully make an assault in and upon Jennie Bradstreet, a female under the