Brittain v. State

Carlton Brittain, colored, was convicted of assault with intent to rape on a white girl, and excepts to the overruling of his motion for a new trial which is based upon the general grounds only. Counsel for the defendant insists that the evidence did'not sustain the verdict, because the defendant established an alibi and because no intent to rape was shown. .

The female alleged to have been assaulted positively identified the prisoner, and the jury believed her. She testified: “lie is the same one who pointed a pistol at me. He is in the courtroom, that is him (pointing to the defendant). . .…