State v. Thomas

PREWITT, Judge.

Defendant was convicted of attempted rape and sentenced to fifteen years’ imprisonment. On appeal he contends that the trial court erred in not sustaining his motions for judgment of acquittal. Defendant asserts that as rape requires penetration “then it follows that attempted rape requires attempted sexual intercourse and attempted sexual intercourse requires attempted penetration.” He asserts that as the victim did not testify that penetration was attempted there was no attempted rape.

In reviewing to determine if a sub-missible case was made we accept as true all evidence…