Lawler

The district attorney filed an information against the defendant charging him with the crime of assault with intent- to commit rape. He was tried in the trial court before the court sitting with a jury. The jury found him guilty. He made a motion for a new trial. The motion was denied. Judgment was entered in accordance with the verdict. Prom that judgment and from the order denying him a new trial the defendant has prosecuted this appeal.

The appellant claims (1) that the verdict was contrary to the law; (2) that the verdict was contrary to the evidence; (3) that the court erred in denying appellant’s motion for a new trial; and (4) that certain jurors were guilty of misconduct by which a fair and due consideration of the case was prevented.

The appellant takes many pages to quote the testimony of numerous witnesses. Having done so, he states that he fully realizes that an appellate court will not disturb the verdict of the jury simply on a conflict of the evidence. Thereupon he states that his “appeal is raised not merely to point out the very evident conflict of evidence against defendant, but rather to point out that the testimony presented against the defendant was…