Espenlaub v. State

The appellant was charged by indictment with the offense of first degree rape. To this charge he entered a plea of not guilty. Trial was had and a verdict returned finding appellant guilty of assault and battery with intent to commit a felony, to wit, rape. Over a motion for a new trial, the court rendered judgment on the verdict, from which this appeal is prosecuted.

The only error assigned by appellant is the overruling of his motion for a new trial.

Appellant’s first contention under his motion for a new trial is that the verdict of the jury is contrary to law and that the verdict of the…