State v. Cupit

ROGERS, Justice.

The defendant, Joe Cupit, was convicted on a charge of assault with intent to commit rape, and was sentenced to imprisonment in the penitentiary for a term of three to six years. Defendant appeals. His complaint is that the trial judge erred in admitting, over his objection, certain testimony offered, by the State as showing, or as tending to show, the particular criminal intent necessary to constitute the crime charged.

The record discloses that the fourteen year old girl whom defendant is charged with assaulting with intent to commit rape is defendant’s niece, his sister’s…