State v. Walton

WELLS, Judge.

This appeal presents the sole question of whether the State presented sufficient evidence of defendant’s intent to commit rape in order to have submitted the charges of felonious breaking and entering and attempted second-degree rape to the jury. Having thoroughly reviewed the evidence, we conclude that the trial court did not err in denying defendant’s motion to dismiss.

A trial court properly denies a defendant’s motion to dismiss made at the close of all the evidence where the State has adduced substantial evidence of each element of the offense and has shown that defendant…