State v. Escamilla

The defendant was charged with rape and convicted of an assault with intent to commit rape. Error is assigned on the ground that the evidence is insufficient to sustain the verdict, the erroneous admission of evidence, and an excessive sentence. We reverse the judgment of the District Court.

The only assignment meriting serious consideration is the one pertaining to the erroneous admission of evidence. The evidence reflects that at one time the defendant and the prosecuting witness had lived together. This relationship had been discontinued for some time. They met again in a bar and…