(concurring in the result) — I concur in the result. I agree with the majority that the trial court erred in striking the testimony of the character witness Murphy.
*397I believe, further, that the trial court should have instructed the jury that, to constitute the crime of assault with intent to commit rape, there must be not only an assault but an intention by the defendant to gratify his passion on the person of the woman at all events and notwithstanding any resistance on her part. 44 Am. Jur. 917, Rape, § 24. Such an instruction was requested, and it was prejudicial error not to give it.
Schwellenbach, J., concurs with Hill, J.