State v. Hoskinson

The opinion of the court was delivered by

Benson, J.:

The defendant was charged with statutory rape, and was convicted of an attempt to commit that offense. He complains of thé insufficiency of the information, and specifies alleged errors occurring on the trial.

The information charged that the defendant did “unlawfully, feloniously commit rape upon a female person under the age of eighteen years, to wit, ... by carnally knowing her, the said,” etc. The omission of the words “and unlawfully” after the word “carnally” *185is the alleged defect relied upon. The word “unlawfully,” however, appears in…