Court of Criminal Appeals of Texas November 11, 1908, No. 4051. (Holloway v. State)

BBOOKS, Judge.

Appellant was tried and convicted of an attempt to rape, and his punishment assessed at five years confinement in the penitentiary.

The testimony of the prosecutrix, Marcy Smith, is, in substance, as follows:

“About eleven o’clock at night, on March 1, 1907, some one came to my house and halloed, and I went and woke up my father-in-law, Mr. E. W.