Frenette v. State

BUFORD, J.:

Appellant, having been indicted and tried for the crime of rape, was convicted of assault with intent to commit rape.

The record is sufficient to establish that the appellant assaulted his intended victim with intent to have sexual intercourse with her; that she resisted his efforts and advances until he struck her a blow which knocked her unconscious; that when she regained consciousness he was kneeling over her and the crotch of her panties had been ripped or torn out.

The record discloses error that would have been reversible had the verdict been guilty of rape. This was evidence…