State v. Galloway

WEBBER, Justice.

This was an appeal from a conviction by jury verdict of the crime of assault with intent to rape. Defendant’s points of appeal raise eight issues which will be dealt with in the order in which they are presented.

1. Denial of motion for new trial. It is not disputed that the complainant was assaulted in her trailer home by an assailant unknown to her at the time. After a struggle the complainant successfully evaded an attempted rape. Factual issues were presented for the jury with respect to the identification of the defendant as the assailant and with respect to the…