State v. Boggs

The defendant, George Marion Boggs, Jr., was charged with first-degree murder alleged to have been committed without design to effect death and while engaged in the commission of, or in the attempt to commit, or in withdrawing from the scene of a felonious rape. Defendant admitted the killing, for which he could give no explanation, but denied raping or attempting to rape the victim. A jury convicted him of the first-degree murder and returned a special verdict imposing the death penalty. He appeals.

Defendant asserts that the state failed to prove either rape or attempted rape. Thus, he…