State v. Green

OPINION

By SHERICK, J.

This is a prosecution against Burl Green on a charge of rape, appealed to this court by the state on a question of law. The trial resulted in a verdict of guilty of an attempt to commit rape. Thereupon the defendant moved for a new trial, and by a separate motion filed at the same time moved for the defendant’s discharge notwithstanding the verdict. These motions are predicated upon the theory that the trial court erred, in charging the jury on the lesser offenses, and that the failure of the jury to convict of the crime of rape was in fact an acquittal thereof. The trial…