State v. McLeavey

Appellant was indicted on a charge of carnally knowing and abusing a female child under the age of 14. On the trial the county attorney announced that the state would endeavor to prove only an attempt to commit the offense alleged in the indictment.

The case was tried upon that theory, and, under the instructions of the court, the jury was required to convict the appellant of such attempt or to acquit him.

Appellant was convicted, and, from an order denying a motion for a new trial, he has appealed to this court.

The principal questions which appellant brings to this court are: (1) Should the…