Shelton v. State

ON APPELLANT’S MOTION FOR REHEARING.

BEAUCHAMP, Judge.

Appellant’s motion for rehearing presents two questions, both of which were considered in the original opinion. The most serious of these, which gave the court considerable concern on original submission, challenges the sufficiency of the evidence to sustain the conviction.

The chief point at issue is whether or not the evidence indicated a sufficient determination of mind to meet the requirements of law and warrant a finding of guilty of an assault with intent to rape. On this point the question is quite close, but the state’s case is aided…