Parker v. State

The indictment against the prisoner contained two • counts. The first charged that he had committed a rape on the person of one Kitty Wills, and the second charged an assault upon her with intent to commit a rape. He was acquitted on the first count and convicted on the second. The case comes before us on two bills of exception taken at the trial.

The first bill of exception states that the prosecuting witness gave evidence tending to show the commission of the offence charged in the indictment by the prisoner, on a certain Saturday. There are two offences charged in the indictment; we presume…