WALDEN, Judge.
Defendant was convicted of assault with intent to commit a felony: to-wit, rape. Defendant made a motion for a new trial on the grounds the verdict was contrary to the law and weight of the evidence. The trial judge granted a new trial. The state appeals. We reverse.
The facts adduced at trial supported the following hypothesis. The defendant followed the prosecutrix home. As she walked up to her house she heard someone and turned around. The...
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