State v. Harrison

Lively, President:

The indictment charges defendant with the crime of rape upon Orva Coleman, a female under 16 years of age. The jury returned a verdict of “assault with the intent to commit rape, ’ ’ upon which the court sentenced defendant to confinement in the penitentiary for five years, that being the maximum punishment for attempt to commit a capital crime. Error is prosecuted to this court.

The errors assigned are in the admission of evidence; giving of instructions for the State; in refusal of peremptory instruction for defendant; prejudicial remarks made to the jury by the court; and…