GRAVES, Judge. This cause has been before this court in our No. 24,292, decided March 16, 1949, and is reported in (page 347 of this volume) 221 S.W.2d 249. Its decision caused quite an amount of deliberation by the court and was eventually affirmed, the Presiding Judge filing a dissenting opinion.
In Ray v. State, 154 Tex.Crim. R., 221 S.W.2d 249 (1949), this Court was confronted with the same issue. Therein, the indictment for rape failed to allege that the victim was a female.