#### STATE v. M. H. McFARLAND.

(Filed 23 May, 1951.)

Appeal by defendant from Clement, J., January Term, 1951, Richmond.

No error.

Criminal prosecution under a bill of indictment which charges an assault with intent to commit rape.

Tbe trial judge, being of tbe opinion that there was no sufficient evidence of an intent on tbe part of tbe defendant to commit tbe crime of rape, submitted tbe cause to tbe jury on tbe lesser count of an assault upon a female, be, tbe defendant, being a male person over eighteen years of age.

There was a verdict of guilty. Tbe court pronounced judgment on tbe verdict and defendant appealed.

Attorney-General McMullan and Assistant Attorney-General Bruton for the State.

Gavin, Jackson <& Gavin, J ones Jones, and D. E. Mclver for defendant appellant.

*649Per CuriaM.

This cause resolved itself into an issue of fact. There was ample testimony offered by the State to repel defendant’s demurrer to the evidence and require its submission to the jury. The assignments of error brought forward by defendant and discussed in his brief fail to disclose cause for disturbing the verdict. Upon the consideration of the whole record we find in the trial

No error.