Hamilton v. State

McMurray, Presiding Judge.

The defendant was indicted and tried on two separate indictments for rape and aggravated assault. Defendant was found not guilty of the rape charge and also as to aggravated assault but was convicted as to simple assault and sentenced to serve 12 months in confinement. A motion for new trial was filed, amended, and denied. Defendant appeals. Held:

1. The evidence was somewhat conflicting as to the incident or incidents surrounding the circumstances in which the victim was allegedly assaulted. The defendant contended the victim was an alcoholic, submitted to sexual…