People v. Petty

Defendant here reviews on exceptions before sentence his conviction of assault with intent to commit the crime of rape. Without detailing it, the testimony of the prosecutrix, who was above the age of consent, established, if believed, an assault by defendant upon her with such intent, and her successful resistance of the same. Defendant gave testimony in his own behalf, which, if believed, established that he had on previous occasions had illicit relations with prosecutrix and that on the occasion in question he went no further than to solicit a repetition of such relations with no intent to…