Nubine v. State

OPINION

BUSSEY, Judge.

Appellant, Clyde Nubine, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Lincoln County for the offense of Assault With Intent to Rape, After Former Conviction of a Felony; his punishment was fixed at a term of not less than three (3) years nor more than ten (10) years imprisonment, and from said judgment and sentence, a timely appeal has been perfected to this Court.

At the trial, Theron Hill testified that on May 31, 1969 at approximately 5:00 a. m., he was driving through Prague on Highway 62 when a young Negro male…