State v. Penrose

The opinion of the court was delivered by

Thiele, J.:

Defendant appeals from a conviction on two counts of an information charging assault with intent to commit rape of two girls. The evidence showed one girl to be twelve years of age, the other fifteen.

It is first contended the evidence did not support the offenses charged; that all that was proved was defendant may have made an indecent assault, but that there was no evidence of intent. In support State v. Kendall, 56 Kan. 238, 42 Pac. 711, and authorities from other states are cited. We find it unnecessary to discuss them, for the argument…