Evans v. State

The evidence in this case presents a most horrible situation. It would serve no good purpose to detail it here. The jury found the defendant guilty of assault with intent to rape. We think the evidence overwhelmingly supports the finding. To our minds it shows beyond peradventure that the white woman whom the negro man attacked was unconscious from excessive use of intoxicating liquor.

There are three elements constituting this offense: (1) Unlawful assault; (2) Intent to have carnal knowledge of a female, and (3) forcibly and against her will. As to the first two there seems to be no dispute.…