Hicks v. State

So far as the general grounds are concerned, we think that the case should be reversed for the reason that the evidence shows a completed act of rape. Code § 27-2508 provides: “No person shall be convicted of an assault with intent to commit a crime, or of any other attempt to commit any offense when it shall appear that the crime intended, or the offense attempted, was actually perpetrated by such persons at the time of such assault, or in pursuance of such attempt.”

Counsel for the State contends that, since the jury in this case was primarily concerned with the problem of credibility of…