Demartini

The defendant was convicted of the crime of assault with intent to commit rape and has appealed from the judgment of conviction and the order denying his motion for a new trial.

At the time of the alleged offense the defendant was of the age of sixty-six years and the prosecutrix fourteen. The prosecutrix testified that she was on her way to school in a cart when she came to a gate which the defendant proposed to open for her; that he then stepped to the rear of the cart, threw his arm around her, committed acts of undue familiarity and said he was going to have sexual intercourse with her; that she “hollered” and struggled to get away from him, whereupon 'he placed his hand over her mouth and threatened to tie her with a chain which he was carrying ; that she then slapped him in the face and, as he stepped back, jumped out of the cart and ran; that after running for some distance she looked back and saw that the defendant was following her; that she then threw off her hat and coat, which were later picked up by other witnesses, and ran on to a neighbor’s place about a mile from the scene of the attack and that the neighbor took her 'home. This neighbor testified that she came to…