State v. Becker

The defendant Ernye Becker was' informed against on a charge of rape. He was tried to a jury and found guilty of assault with intent to commit rape. Thereafter he moved for a new trial. The motion was denied and judgment was entered on the verdict. Whereupon he perfected the instant appeal from the judgment of conviction and from the order denying his motion for a new trial.

The information charges rape in the first degree by force and violence. The defendant on this appeal concedes that it is sufficient. He predicates his appeal, as he did his motion for' a new trial, on two grounds: First,…