State v. Friend

In September, 1930, the county attorney of Floyd County filed a true information against the defendant, charging him with assault with intent to commit rape. The defendant pleaded not guilty. At the close of the evidence for the state, the defendant filed a motion for a directed verdict and the court reserved the ruling. At the close of all the evidence, the motion to direct a verdict in behalf of the defendant was renewed and sustained and it is from this ruling that the state has appealed.

I. The law applicable to such cases has been recently very fully announced by this court in State v.…