Simmons v. State

THOMAS, J.:

The appellant was tried in the criminal court of record on an. information charging him, in the first count, with assault with intent to commit rape and, in the second count, with attempting to have carnal intercourse with an unmarried female under the age of eighteen years and of previous chaste character. It was charged in the latter that the attempt consisted of an assault upon her. Thus, the state relied on the evidence of an assault to meet the requirements of the statute, 7544 C.G.L., 1927 (Section 776.04, Florida Statutes, 1941), that where an attempt to commit an offense is…