State v. Whittinghill

TURNER, Justice.

Appellant was charged and convicted of the crime of assault with intent to commit rape. Utah Code 1943, 103-7-7. This is an appeal from the judgment pronounced after the return of the verdict. The appeal is based upon alleged errors of the trial court in refusing to grant a motion for dismissal and a motion for a new trial. The primary contention of appellant is that the evidence in support of the charge is insufficient; that for want of sufficient evidence to prove intent to rape, the case should have been dismissed.

The following statutory grounds were set forth in…