State v. Johnson

Dell, Chibe Justice.

Defendant was convicted of the crime of assault with intent to commit rape. 2 This is an appeal from an order denying his alternative motion to set aside the verdict and to dismiss the action or grant a new trial and from the judgment of conviction.

The prosecutrix, a 44-year-old divorcee, operated a beauty shop in the front part of her home in the village of Hendricks, Minnesota. Living with her were her two children, a daughter 14 years of age and a son 12 years old. Prosecutrix retired sometime after midnight on August 9,1954, after locking all the doors to her home…