State v. Frese

Defendant was informed against for rape and convicted of the included offense of assault with intent to commit rape. It was the State’s theory of the case that the attack on the prosecutrix was a transaction involving five men who aided and abetted one another in committing the crime. The prosecutrix testified she met one of the men in a tavern near her apartment in Sioux City at about 1 a.m. She was invited to eat. She entered a ear driven by defendant. Instead of driving to a place to eat, the men drove to a park where all had intercourse with her against her will, some of whom held and…