State v. Ulmer

WATSON, Chief Justice.

Appeal from a conviction and sentence for assault with intent to commit rape.

By the indictment it was charged that appellant “unlawfully and feloniously did assault one Ethel Lee Burns a female with intent to commit the crime of rape upon her, the said Ethel Lee Burns.”

The evidence on both sides shows that appellant and the prosecutrix spent some two ox-three hours of the night in an automobile. According to the prosecutrix’ testimony, the whole time was spent by her in resisting appellant’s more or less violent efforts and in frustrating his intent to accomplish his…