Appellant was tried for and convicted of an assault with intent to commit rape. Whilst the evidence before us shows a most wanton, unprovoked and outrageous assault upon the part of appellant, unexplained by any apparent motive, yet it fails to convince us that the motive and intent was to commit a rape. This may have been his intention, but his conduct is not inexplicable upon other hypotheses.
If a party is only held to intend the natural and probable consequences of his acts, then the acts in this instance only establish a case of aggravated assault and battery; for the injured
The evidence is too uncertain and unsatisfactory to warrant us in permitting this conviction for an assault with intent to rape to stand as a precedent, and the judgment is therefore reversed and the cause remanded. '
Reversed and remanded.
Opinion delivered May 5, 1883.