Young v. State

BOWEN, Presiding Judge.

Kenneth Gerald Young, the appellant, was indicted for rape in the first degree. A jury convicted him of attempted rape in the first degree. The trial judge sentenced him to twenty years’ imprisonment.

On appeal, Young argues that the trial judge erred in instructing the jury on attempted rape in the first degree because the facts were insufficient to support such a verdict. He argues that the crime is either rape in the first degree or sexual abuse in the first degree — but not attempted first degree rape.

“A male commits the crime of rape in the first degree if: * * *…