Lambert v. State

The defendant was adjudged guilty of assault and battery. According to the testimony of the prosecutrix, the judgment against him was authorized. The point is made that, after identifying the defendant, the prosecutrix did not thereafter testify that lie was the person who assaulted'her, because, as she was stooping down, she heard somebody behind her say, “What are you doing?” We think it quite evident from the context that though the prosecirtrix did not know, while her back was turned, who it was that spoke (and therefore, in the effort to represent her mental state or' her thought at that…