Fortune v. Commonwealth

Opinion

BARROW, J.

This appeal is from a conviction of attempted rape. The defendant contends that the evidence was insufficient to support a conviction of attempted rape instead of an attempt to commit sodomy. Because the defendant’s conduct was consistent with preparation for sexual intercourse, the trier of fact could infer that the defendant intended to rape the victim. Therefore, we hold that the evidence was sufficient to support his conviction.

The defendant was arrested and charged with attempted aggravated sexual battery. The grand jury subsequently returned indictments of solicitation…