Opinion
Argued October 14, 1964
Decided October 29, 1964
Information charging the defendant with the crime of assault with intent to commit rape, brought to the Superior Court in New London County and tried to the court, House, J.; judgment of guilty and appeal by the defendant. No error.
George Gilman, public defender, for the appellant (defendant).
Allyn L. Brown, Jr., state's attorney, for the appellee (state).
The defendant, in a trial to the court, was found guilty of the crime of assault with intent to commit rape. General Statutes § 53-239. The defendant entered a plea of guilty to simple assault but was tried on the more serious charge.
The sole issue on this appeal is whether the evidence was sufficient, beyond a reasonable doubt, to sustain the conviction. To determine this question, it is necessary to review the evidence which has been printed in the appendices in the briefs. The finding is superfluous. State v. Bill, 146 Conn. 693, 694, 155 A.2d 752; Putney v. Lehigh Truck Equipment Corporation, 145 Conn. 731, 141 A.2d 482. While the state printed no appendix, the defendant did. From the testimony of the witnesses and the exhibits, there was sufficient evidence to sustain the court's conclusion that the assault upon the complaining witness by the defendant was with the intent of forcibly having sexual relations with her against her will.