Elliott v. State

(After stating the foregoing facts.) The prosecutrix on direct examination testified as to the details of the struggle with her assailants after they had dragged her from the car in the woods, and testified that at one point the defendant hit her in an attempt to force her to commit acts amounting to sodomy. Objection to this testimony was made on the ground that it sought to prove a separate and distinct offense.

The testimony complained of related to acts which were a part of an assault made for the purpose of obtaining sexual gratification, and which were, in point of time and general…