Godfrey v. People

Opinion by

Mr. Justice Hodges.

Plaintiff in error, hereafter called defendant, was charged in an information with three counts: (1) that he assaulted a child under the age of 16 years with the intent to take indecent and improper liberties with his person; (2) that he took indecent and improper liberties with the person of the child; and, (3) that the took immodest and immoral liberties with the child. The alleged victim was a 14-year old boy.

Defendant pleaded not guilty to the charges. At the conclusion of the People’s case, the trial court found there was no assault as a matter of law, and…