State v. Gustafson

The defendant, Richard Gustafson, was indicted for the crime of rape, was convicted of assault with intent to commit rape, and appeals. He assigns as error the denial of his motion for a judgment of acquittal, the denial of his motion for a mistrial on account of alleged misconduct of the district attorney, and the action of the trial court in submitting to the jury the lesser offenses included within the crime of rape.

It is unnecessary to set out the evidence in detail. The defendant, who was 24 years of age and married, admitted that he had intercourse with a 16-year-old girl, who was a…