Dobson

In a four-count indictment defendant was charged with the offenses of assault with intent to rape Julie Ann Crosby, assault with intent to rape Irene Lamb, assault upon the person of Irene Lamb by means of force likely to produce great bodily injury, and unlawfully loitering on private property; by jury verdict was found guilty of the offense of assault with intent to rape Irene Lamb and not guilty of the other offenses; appeals his conviction; and seeks a reversal upon the grounds (1) the evidence is not sufficient to support a verdict of guilty, and (2) he was denied due process of law because the testimony of Irene Lamb identifying him as the person who assaulted her was the product of a constitutionally proscribed pretrial identification.

The contention the verdict of guilty is not supported by the evidence is premised on the claim there is no evidence showing an intent to rape. The manner of the assault, the circumstances under which it occurred, the fact the assailant pushed the victim down onto an automobile seat, the fact the assailant then pulled the victim up to him and when the latter said, “I’m an old woman, what do you want from me,” his only response was to…