
    (94. South. 926)
    (1 Div. 487.)
    OVERCAST v. STATE.
    (Court of Appeals of Alabama.
    Nov. 21, 1922.)
    Appeal fro.m Circuit Court, Mobile County; Claude A. Grayson, Judge.
    'McAlpine & MeAl-pine, of Mobile, for appellant.
    Harwell G. Davis, Atty. Gen., for the State.
   BRIOKEN, P. J.

The indictment against this defendant charged that he did assault Lillian Overcast, a woman, with the intent forcibly' to ravish her, etc. The first trial upon this indictment -held on December 16, 1921, resulted in a mistrial. On May 9, 1922, he was again put upon trial; the verdict of the jury being “We the jury find the defendant guilty as charged’ in the indictment.”- The court rendered judgment in accord with this verdict, and duly sentenced the defendant to imprisonment in the penitentiary for not less than 10 years, nor more than 20 years; from this judgment he appeals. The time for, filing a bill of exceptions has expired; the appeal being upon the record proper. There is no error apparent upon the record, and therefore the judgment of the circuit court must be and is affirmed. Affirmed.  