Eaton v. State

Plaintiff in error claimed an alibi. The question presented is whether the record is sufficient to sustain a conviction for the offense of assault with intent to rape as charged in the information.

Claim is made that the overt act must be an effort to commit the physical act of intercourse and that the proof here at best shows an assault and is not sufficient to establish the offense charged. Plaintiff in error had been at this home on prior occasions to visit a man rooming there and was familiar with the premises. He had a knife in his hand and his trousers were down. He got onto the couch…