Conoway v. State

The indictment charges Isaac Conoway with the crime of assault with intent to rape, and the jury found him guilty as charged. Did the court err in overruling the motion for a new trial ?

The accused was a negro. The alleged victim was a white girl thirteen years of age. Though the apparent purpose of the defendant was not accomplished, the girl testified unqualifiedly to a state of facts which made a case of assault with intent to rape, and her testimony that she scuffled with the negro and that he tore her outer clothing was supported by the physical facts of the case. Unquestionably the…