Cross v. State

— The first count in the information in this cause charges the appellant with an assault and battery upon one Elizabeth Adams, with the felonious intent to commit the crime of rape; and the second count charges him with the crime of rape upon the same person.

A trial of the cause by a jury resulted in a . verdict of guilty, fixing his punishment in the “ penitentiary ” for the period of twelve years, upon which the court, over a motion for a new trial, rendered judgment.

Numerous alleged errors are assigned in this court, upon which a reversal of the judgment of the circuit court is sought..

The…