State v. Lavine

Barnett, J. †

Appellant was charged with and convicted of assault in the second degree: assault with the intent to commit a felony, i.e., rape.

The jury, believing the evidence most favorable to the state, were entitled to find that the facts were as herein related. Appellant was employed as an attendant at Fern-crest Sanitarium, a nursing home located in Seattle. One of the patients at this institution was complainant, a victim of multiple sclerosis and completely bedridden at the age of 35. In the small hours of the morning of April 8, 1964, she was roused from her slumber by appellant, an…