Crowson v. Swan

Mrs. Ruth G. Crowson, plaintiff in the lower court, filed her notice of motion against the defendant, James A. Swan, Jr., to recover damages for an alleged assault and battery committed by defendant upon her with intent to commit rape.

Upon the plea of not guilty, the action was defended upon the grounds that no assault was committed upon plaintiff either with or without the intent charged; that at the time of the alleged assault defendant was incapable, mentally and *84physically, of making the assault charged with the intent charged; that even if the assault had been committed, defendant has…