Lockhart v. State

Upon an indictment charging an assault and battery with intent to commit a rape, appellant was tried, convicted, and, over a motion for a new trial, sentenced to imprisonment in the State’s prison. The overruling of the motion for a new trial is the only error assigned in this court.

The evidence is conflicting, and does not make a very strong case against appellant, but having been regarded as sufficient by the jury and the court below, and tending to support the conviction, we can not reverse the judgment upon the weight of the evidence.

It is insisted that the court below erred in…