State v. Boyd

SHANGLER, Presiding Judge.

The defendant was convicted of assault with intent to rape without malice aforethought and was sentenced to imprisonment for a term of five years. On appeal he contends the proof was insufficient for conviction.

The evidence taken most favorable to the jury verdict shows that a female acquaintance of T. C., the victim, brought two men to her apartment for an evening of badinage. In a short time, the victim and the defendant left to purchase some soft drinks. She did not learn until later that what the defendant had obtained and consumed was wine. Some four hours after…