State v. Moser

EAGLES, Judge.

I

Defendant first assigns as error the sufficiency of the evidence from which the jury could find that defendant committed the crime of attempted first degree rape. We find no error.

Defendant argues that it was error for the trial court to fail to direct a verdict in favor of defendant with respect to the charge of attempted first degree rape and that it was also error for the trial court to fail to set aside the jury verdict of guilty as to that charge.

The test of the sufficiency of the evidence in a criminal prosecution is the same whether the issue is raised by motion for…