Watson v. State

Appellant was charged by indictment under Acts 1941, ch. 148, §3, p. 447, being §10-4201, Bums’ 1942 Replacement, with the offense of rape, tried by the court, and found guilty of assault and battery with intent to commit a felony, to-wit; Rape. Upon proper motion therefor a new trial was granted. He was again tried, found guilty of the same offense, and sentenced to the Indiana State Prison for not less than 1, nor more than 10 years. This appeal followed.

The sole question presented is the sufficiency of the evidence to sustain a conviction for assault and battery with intent to commit rape.1