People v. Vann

COOPER, C.

Defendant was convicted of an assault with intent to commit rape. He appeals from the judgment and from an order denying his motion for a new trial.

The evidence shows that the person upon whom the alleged assault was made was a girl under sixteen years of age; that she went voluntarily to the room of defendant by previous appointment, and made no resistance.

1. It is claimed that the verdict is contrary to the evidence. The argument is, that although under the statute a girl under the age of sixteen is incapable of consenting to the crime of rape, yet if she consents to the attempt…