State v. Johnson

*525OPINION

By HORNBECK, J:

The defendant was indicted, tried before a court consisting of three judges, convicted and sentenced for the offense of assault with intent to rape. A jury had been waived in writing.

The prosecuting witness was Annie Rose and the offense was alleged to have been committed on May 24, 1949. The defendant gave notice according to law that he would assert a defense of alibi “at the claimed time of the alleged occurrence of the matter mentioned in the indictment herein that he was enroute from west side of Dayton toward the southeast end of Dayton, Ohio.”

The prosecuting…