State v. Mortensen

WOLFE, Justice.

Appeal from a conviction of attempt to commit rape and from a sentence imposed thereon. The assignment of error which presents the question on which our decision must turn is the one which asserts error in permitting the case to go to the jury on an alleged insufficiency of evidence of intent to commit rape and insufficiency of evidence of an overt act, necessary to prove attempt.

The evidence is as follows: On October 10, 1937, defendant was playing a marble game at the Holland Inn, a public place in Salina, Utah. This attracted the attention of two girls each about ten years…