Curry v. State

This is an appeal from a conviction of attempt to commit rape while armed with a deadly weapon as charged in count 1 of an indictment. The case was submitted to the Court for trial without the intervention of a jury. Upon the finding of guilty, the defendant was sentenced to the Indiana Reformatory for the determinate period of ten years.

Appellant assigns as error herein the overruling of his motion for new trial, which stated that the finding of the Court was not sustained by sufficient evidence, and that it was contrary to law.

The evidence in this case is that about 5:30 A.M. on July 2,…