McMath v. State

Warner, Chief Justice.

The defendant was indicted for the offense of “rape,” and on the trial thereof the jury, under the charge of the court, found the defendant guilty of an “ assault, with intent to commit a rape.” The defendant made a motion for a new trial on the several grounds set forth in the record, which was overruled by the court, and the defendant excepted. The following evidence was offered on the part of the state:

Matilda Wells, sworn, says : Knows the prisoner; his name is Charles McMath ; is the mother of the child that prisoner raped; knows of an injury committed on her child…