Herrington v. State

McMurray, Presiding Judge.

Defendant appeals his conviction of aggravated assault (with intent to rape) and “attempted kidnapping.” Held:

1. The State’s evidence shows that the victim, a college student, was training to participate in the sport of cross-country track. The victim was running along the left side of a public road when defendant in an automobile drove alongside of her and accosted her. The victim testified that defendant made obscene remarks to her and offered her money for sexual favors. The victim then testified: “Right about that time that’s when we came up on the railroad…