Autrey v. State of Florida

Upon an indictment charging the offense of rape, plaintiff in error, who will hereinafter be referred to as the defendant, was convicted of assault with intent to commit rape, and has taken writ or error to the judgment of conviction.

The principal point relied on for reversal is the question of identity of the defendant.

The prosecutrix testified at the trial, but was not asked by the State to identify the defendant as the person committing the assault, a circumstance diligently stressed by the defendant upon this writ of error in his argument upon the question of the sufficiency of the…