Smith fouled him hard.

...Where's the ladies' in this joint? I've to powder me nose.

Because it was a defense motion and the judge ruled on a question of law rather than fact, Finnegan can get another kick at the cat. All he has to do is convince the Court of Appeals that attempted rape is piracy if you try it on a ship.

I couldn't see how to finish the project, so I backed up and tried it another way.