Gragg v. State

The defendant contends that the trial judge erred in denying his motion for a new trial, based on the general grounds, assigns such ruling as error, and says that it is contrary to law. He insists that the testimony does not show that he intended to rape the prosecutrix; and contends that he intended to use every effort to persuade her to have sexual intercourse with him, but intended to go no further if she would not yield without force.

“In order to authorize a conviction for .the offense of assault with intent to rape, the evidence must show beyond all reasonable doubt, (1) an assault, (2)…