State v. . Heater

The evidence offered in the trial below is sufficient to withstand the motion for judgment as of nonsuit, and the exception to the ruling of the court below, denying such motion, will not be sustained.

The defendant testified that he had been in the home of the prosecuting witness several times during the week in which he is charged with assaulting her with intent to commit rape; that she had encouraged his attentions; that he had kissed her and embraced her on several previous occasions; that while he intended to have sexual intercourse with her on the day in question, when she resisted his…