133 Mich. 520 | Mich. | 1903
Defendant, aged 17 years, was convicted in the lower court of assault with intent to commit the crime of rape. He asks that this conviction be set aside on the ground that the evidence did not warrant the jury in finding that he intended to commit said crime. To determine -this question, we must examine the testimony of the prosecutrix.
She testifies that on the 18th of May, 1902, she was living on Quincy Hill, near- the village of Hancock. While walking in the alley which leads to where she was living, about 11 p. m., defendant stopped her and asked her where she was going. She replied she was going home. He said he was going, too. She said, “No.” “He ask me how much I want, — a dollar?” She, be
The suggestion is made by defendant’s counsel that the verdict should be set aside because it is against the weight of the evidence. As the record contains only the testimony of the prosecutrix, we are unable to review that question.
The conviction must be affirmed.