Rye v. State

SEBRING, J.:

The grand jury of Hamilton County returned an indictment, in two counts, against the appellant, Jack Rye. The first Count of the indictment charged an assault with intent to commit rape. The second count charged an attempt to commit rape. The trial jury found the defendant guilty of the offense charged in the first count, and not guilty of the offense contained in the second count. Appellant appealed from the judgment, assigning as error the refusal of the court below to grant a new trial grounded on the proposition that the evidence did not sustain the verdict.

The jury having…