Gilchrist v. State

WIGGINTON, Acting Chief Judge.

Appellant was informed against, tried by a jury, and convicted for the offense of assault with intent to commit rape. From the judgment and sentence based upon the verdict of guilty, this appeal is taken.

Appellant first questions the sufficiency of the evidence to sustain his conviction. It is conceded by both parties that the gravamen of this offense is the intent with which the assault is made; and the intent in such case must b.e shown to have so possessed' the accused that his determination was to consummate the rape regardless of resistance and want of…