State v. Jay

Rothrock J.

i. cRiMprAL structious: reasonable doubt. The court instructed the jury that if they found the defendant was not guilty of rape they should then proceed to determine whether he was guilty of an assault with intent to commit a rape, and that if x they found that the defendant was neither guilty of a rape, nor of an assault with intent to commit a rape, they should then proceed to ascertain whether he was guilty of an *165assault and battery, or a single assault. In the 13th instruction given by the court to the jury upon the point as to the reasonable doubt which entitles a party to an…