People v. Smith

Defendant Donald Lee Smith was sentenced on May 9, 1967 for assault with intent to commit rape. The crime was committed on October 23,1966.

He was arrested and arraigned on a warrant charging him with assault, taking or attempting to take indecent liberties and statutory rape of a 12-year-old girl. At the arraignment, before the magistrate, the defendant requested and received an examination. At the conclusion of the examination, defendant was bound over to circuit court. The information charged two counts; indecent liberties 1 and statutory rape. 2

The court’s instructions to the jury included…