People v. Smith

The defendant was charged in a two-count information with 1) indecent liberties, and 2) statutory rape. At the conclusion of a jury trial, the court, in his instructions to the jury, recited the original information to the jury but, after doing so, the court proceeded to refer to the separate offenses in reverse order — 1) statutory rape, and 2) indecent liberties. The court then instructed the jury that there were five possible verdicts as follows:

“1. Guilty of statutory rape.

“2. Guilty of assault with intent to commit rape.

“3. Guilty of taking indecent and improper liberties.

“4. Guilty of…