Rushing v. State

Mr. Special Justice Weldon B. White

delivered the opinion of the Court.

The plaintiff in error, James M. Bushing, has appealed from a conviction of ‘ ‘ assault and battery with intent to commit rape”, and his punishment was fixed at not more than ten years in the penitentiary. He had been indicted upon two counts, one charging violation of the age of consent, and the second count charging that the defendant did “unlawfully have carnal knowledge of Mary Elizabeth Lemley, a woman, forcibly and against her will”.

Upon the trial of the case the State waived the first count of the indictment and…