State v. Vadnais

This case comes upon a bill of exceptions, presenting two questions. Defendant ivas indicted for an assault on one Mary Carpenter, with intent to commit a rape, and was convicted simply of an assault. The evidence on the part of the prosecution tended strongly to show that the offence actually committed was that of rape. At the close of the case on the part of the plaintiff, defendant moved “that the jury be instructed by the court to return a verdict of not guilty, upon the evidence as it stands, upon the ground that said evidence shows that if any offence was committed by said defendant, it…