State v. Benson

I agree with the majority that defendant’s motion for judgment of acquittal, challenging the sufficiency of the evidence to support a conviction of attempted rape, was properly denied by the trial court. I also agree with the majority conclusion that admission of the testimony of the victim, that she realized she could be raped did not constitute reversible error.

I disagree with the majority’s conclusion that the giving of the instruction quoted by the majority did not constitute *474reversible error. The instruction begins by correctly pointing out that the state must prove “conduct which…