State v. Guthridge

The opinion of the court was delivered by

Johnston C. J.:

A. E. Guthridge was charged with. having committed rape upon the person of Kosie Plummer, a girl seven years of age, and was found guilty *847of an attempt to commit that offense. On this appeal it is contended that the information was defective because the physical acts done towards the commission of the offense were not specifically alleged. The principal offense was set forth in the language of the statute and under such a charge the accused may be convicted of an attempt to commit the offense. (Crim. Code, § 121; The State v. Decker, 36…