State v. Stewart

Defendant, John Wesley Stewart, appeals his judgment and sentence entered on a jury verdict finding him guilty of attempted first degree rape while armed with a deadly weapon. He raises several assignments of error. Finding prejudicial error in the court's failure to instruct the jury as to each element of the offense, we reverse and remand for a new trial.

Early in the evening of September 18, 1981, the defendant had several drinks at the apartment of the alleged victim and her boyfriend, Thomas Young. At about 9 p.m., the defendant and Young left the apartment and had at least one more…