State v. Custer

The opinion of the court was delivered by

Johnston, C. J.:

In an information it was charged that Denny Custer did, at a certain time and place, “unlawfully, feloniously and willfully in and upon one Estella Woodard, a female person over the age of eighteen years, make an assault, with the intent then and there, forcibly, feloniously and unlawfully, her the said Estella Woodard, to carnally know and ravish against her will,” etc. On a motion the charge was held not to constitute a public offense and the information was quashed. An amended information was filed, which was substantially the same…