Barnhisel v. People

Opinion by

Mr. Justice Day.

Plaintiff in error was found guilty by a district court jury of assault with the attempt to commit rape. We will refer to him as the defendant.

In summary, the evidence was that the alleged victim, an unmarried female, lived by herself. She had retired but was awakened when someone (later identified as defendant) threw her from the head to the foot of the bed and pinned her down. She testified that she struggled and screamed; that she recognized that it was a man who attacked her; that he told her to be quiet; that a laundry bag was thrown over her face to cover her…