This section contains the nature of the case and procedural background.

An officer saw a pickup truck with out of county plates turn down a gravel road on which several crimes had been committed. The officer jotted down the tag number. Dorothy Henley and her seven-year-old daughter lived down the gravel road in a trailer. Ross (D) who was driving the truck, knocked on Henley's door asking for directions. When she stepped out of the house to assist, D pointed a gun at her and ordered her back into the house, told her to undress and shoved her onto the couch. Henley was frightened and crying and attempted to escape and eventually, she talked him out of raping her. D left but was eventually indicted for attempted rape. D pled not guilty. D was convicted and appealed.

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