
    Joseph Brinster v. The State.
    Rape.— Indictment-which charges that “ J. B., an adult male, did rape Mrs. M. McL. D., a female,” fails to charge a single ingredient of the offense of rape, and is invalid notwithstanding it conforms to -the act of March 26, 1881, known as the “ Common-Sense Indictment Act."
    
      Appeal from the District Court of Presidio. Tried below before the Hon. T. A. Falvey.
    The trial of the appellant for the rape of Mrs. Mattie McL. Davis resulted in his conviction, and the death penalty was assessed by the jury.
    No brief for the appellant has reached the Reporters.
    
      C. Edmondson, for the State.
   Hurt, J.

The appellant was convicted of rape, the jury assessing his punishment at death.

The charging part of the indictment is as follows: " Joseph Brinster, an adult male, did rape Mrs. Mattie McL. Davis, a female.”

This indictment does not allege a single act which enters into and composes one of the elements of rape. An indictment is a written statement of a grand jury, accusing a person therein named of some act or omission punished by law. Subjecting the indictment in this case to the above definition, it evidently follows that it is no indictment at all. But we are not disposed to enlarge. See the case of Williams v. State, decided at this term, opinion by Judge Willson. (Ante, p. 395.) The judgment is reversed and the prosecution dismissed.

Reversed and dismissed.  