Shular v. State

Appellant was tried in the lower court before a jury on an affidavit and information which charged that he had perpetrated an assault and battery upon the person of Martha B. Stilwell, with the felonious intent to commit a rape. The jury returned a verdict finding the accused guilty of assault’ and battery, with intent to commit rape, as charged in the affidavit and information, and further found that he was of the age of forty-two years. Over his motions for a new trial, venire de novo, and in arrest of judgment, the court rendered judgment on the verdict as follows: “It is therefore…