People v. Sheffield

This is a prosecution under 3 How. Stat. § 93146, which provides that—

“If any male person or persons over the age of 14 years shall assault a female child under the age of 14 years, and shall take indecent and improper liberties with the person of such child, without committing or intending to commit the crime of rape upon such child, he shall be deemed a felonious assaulter,” etc.

The court instructed the jury that it would be legally competent for them to convict respondent of an assault and battery, it being a lesser offense, and included in the one with which respondent is charged; and the…