Duffin v. State

Psr Curiam.

The appellant, convicted by a jury in the Circuit Court for Montgomery County of assault with intent to rape, and sentenced to 20 years confinement, urges here that the evidence was insufficient to support his conviction on the charge, and that the trial judge erred in failing to grant a requested instruction on the defense of voluntary abandonment of purpose.

The appellant maintains that while the jury could properly have found him guilty of common assault, the evidence was insufficient to establish the specific intent to rape. The jury had before it the following testimony of the…