State v. Lester

KRUCKER, Judge.

The defendant challenges his conviction of assault with intent to commit rape claiming:(1) The evidence was insufficient to support the jury’s verdict.(2) It was error to allow a police officer to testify as to a conversation with the assault victim.(3) It was error to give an instruction on circumstantial evidence.

The complaining witness was a 19-year-old girl (hereinafter referred to as Miss H). Since her mother and other relatives with whom she resided planned to move from Phoenix, she decided to seek employment in order to remain in that city. She phoned a telephone number…