Helmer v. State

OPINION

BURKE, Justice.

After a non-jury trial in the superior court, James W. Helmer was convicted of rape, assault with intent to kill and burglary in a dwelling. 1 In this appeal, he challenges the sufficiency of the evidence pertaining to the charges of rape and assault with intent to kill, and the trial court’s denial of his motion to suppress evidence of a statement that he made to the police following his arrest. 2

I

Helmer’s victim, a fourteen year old girl, testified that, although the defendant attempted to have sexual intercourse with her, she felt no penetration. Thus, he argues, the…