Foster v. State

Sognier, Judge.

Appellant was convicted of aggravated assault with intent to rape. On appeal he contends the trial court erred by denying his motion for a new trial based on the general grounds, withholding evidence from the jury and misconduct by the jury. Appellant also enumerates eleven other errors which will be considered in this opinion.

The evidence disclosed that about 7:30 a.m., December 8, 1982 appellant gained entrance to the home of Thomas Consentino on the pretext of replacing a furnace filter. Because Consentino was suspicious he took down the license number of appellant’s truck…