Stewart

The appellant was convicted of an assault with intent to commit rape, and now insists that the evidence is insufficient to support the verdict. Like a great majority of this class of cases, the facts here relied upon to support a conviction are largely dependent upon the testimony of the prosecuting witness alone; still, this court has repeatedly held that the testimony of the prosecutrix may be sufficient of itself to establish a prima facie case.

The alleged assault occurred in the night-time, while the parties were traveling upon a public highway; and after detailing certain language that appellant addressed to her touching his desires and purposes, the prosecuting witness further testified as follows: “He told me I could scream all I chose to, because there was nobody within three miles from me, and then he stopped the buggy and got out, and took the lines and whip with him, and went around in front of the horse and spent some little time, like he was fastening the lines to the bridge-railing. Then he came back and asked me if I would get out without any trouble, and I told him ‘Ho.’ Then he said he would pull me out, and I told him that he would not, either. Then he started…