Young v. State

BROOM, Justice:

Assault with intent to rape was the charge brought against appellant, Young, in the Circuit Court of Simpson County, Mississippi. He appeals from a sentence of ten years in the penitentiary. We reverse.

The controlling issue is: Did the proof show a completed offense of rape rather than mere assault with intent ?

A fourteen-year-old female was at home with her two sisters and a brother (all younger than she). After the appellant arrived, the episode developed out of which the state indicted him for assault with intent to rape, contrary to Mississippi Code Annotated section…