State v. Page.

This was an indictment for an assault with intent to commit rape. The defendant demurred to the evidence, and also requested the Court to instruct the jury that the evidence failed to show any intent to commit rape, and that there was not sufficient evidence to justify finding the defendant guilty of a greater offense than a simple assault. The demurrer was overruled, and the prayer was refused, and the defendant excepted.

The prosecutrix testified that the defendant, who was employed as a casual day-laborer by her husband,opened the door of her room where she was lying down on a pallet with…