Blanton v. State

John Junior Blanton was charged by information filed in the district court of Carter County with rape, first degree, was tried before a jury and found guilty of the included offense of assault with intent to commit rape, but the jury being unable to agree upon the punishment left that to the court, who assessed a penalty of five years confinement in the State Penitentiary.

For reversal counsel in brief argues two propositions:

“First: That the court erred in refusing to sustain plaintiff in error’s demurrer to the state’s evidence on account of insufficiency of the evidence.

“Second: Errors of…