Steptoe v. State, 19456.

• Decision Date: 13 April 1938
• Docket Number: No. 19456.,19456.
• Citation: Steptoe v. State, 115 S.W.2d 916, 134 Tex.Cr.R. 320 (Tex. Crim. App. 1938)
• Parties: STEPTOE v. STATE.
• Court: Texas Court of Criminal Appeals

115 S.W.2d 916

STEPTOE v. STATE.

No. 19456.

Court of Criminal Appeals of Texas.

April 13, 1938.

Appeal from District Court, San Augustine County; F. P. Adams, Judge.

Vandy Steptoe was convicted for assault with intent to rape, and he appeals.

Affirmed.

J. R. Bogard, of San Augustine, for appellant.

Lloyd W. Davidson, State's Atty., of Austin, for the State.

MORROW, Presiding Judge.

Assault with intent to rape is the offense; penalty assessed at confinement in the penitentiary for two years.

The state's testimony is to the effect that Lucille Hopkins, a girl fifteen years of age, went in an automobile with appellant and three other companions for the purpose of going to church at Broaddus. There being no meeting at the Broaddus church, the parties proceeded in their car to the Apostolic Church at Attoyac, a distance of eighteen or twenty miles. After the meeting the parties got in their car and rode for several miles. Appellant, who was driving the car, stopped it at a certain place and several of the occupants got out. He then drove the car about 100 yards and stopped. He asked the prosecutrix to get out of the car, which she refused to do. She caught hold of the steering wheel and held on while the appellant was trying to pull her hands loose therefrom. Appellant told the prosecutrix that if she did not turn loose, he would pull her out; that he was going to get in her pants anyhow. From her testimony we quote: "After I had my hands on the steering wheel and Vandy was trying to pull me out and told me he would get in my pants anyhow, there was a car coming up the road. I don't guess he wanted to be seen out there. * * * The other car was going back toward Attoyac, and passed on by us. Vandy went around the car and got back inside the car. I told Vandy to go and he went back to where Sybil and Covy and Odell Steptoe got out." The prosecutrix testified that she reported the matter to her parents and later went to the courthouse in San Augustine county, where she gave an account of the incident.

The appellant did not testify as a witness upon the trial, but introduced in his behalf the witness Willie Craig, who testified that he saw appellant and the prosecutrix together at a dance on Saturday night following the assault on Sunday night; that appellant and prosecutrix left the dance together that night at 11:30 o'clock in the appellant's car. The witness admitted on cross-examination that he was under indictment for assaulting an old man by the name of Gore. He denied jumping on Hollis Snell for taking the Hopkins girl (the prosecutrix) out to the dance on the Saturday night in...