State v. Lasby

Duffy, J.:

Defendant was tried and convicted of an assault with intent to commit rape, in violation of 11 Del. C. § 782. He has moved for reargument of a pretrial ruling by the Court and for a new trial under Rule 33, Superior Court Rules, Del. C. Ann.

1. As to the motion for reargument:

The statute under which defendant was indicted reads, in part, as follows:

“Whoever, with violence, assaults any female with intent to commit a rape, shall be guilty of felony * * 11 Del. C. § 782.

The indictment under which defendant was tried charges that on a specific day in this county defendant “* * * did…