State v. Daly

The defendant was indicted and convicted for an assault with intent to commit rape in Multnomah County and sentenced to imprisonment in the penitentiary for one year, from which judgment he has appealed to this court.

Upon the trial in the court below appellant’s counsel asked the court to instruct the jury among other things as follows: “(1) That under the indictment the defendant could not be convicted of anything more than a simple assault. (2) That there was not testimony sufficient to convict the defendant of anything more than a simple assault.” Each of these instructions was refused, to…