Gilbert v. State

RICE, Judge.

“On a charge of assault with intent to commit rape, the evidence, to be sufficient to justify the conviction, should show such acts and conduct on the part of the accused as would leave no reasonable doubt of his intention to gratify his lustful desire against the consent of the female and notwithstanding resistance on her part.” Wilson v. State, 22 Ala.App. 554, 117 So. 615, 616, and authorities cited in the opinion in that case.

As to whether the evidence, in a given case, does “leave no reasonable doubt of his (accused’s) intention to gratify his lustful desire against the…