Winters v. State

Aaron Winters, appellant, was convicted in the Circuit Court of Quitman County of attempted rape upon an eleven year old girl, and was sentenced to ten years in the state penitentiary. The evidence, in conflict to some extent, is sufficient to support the conviction, but it must be reversed because of a material and probably prejudicial error of law in the granting of an instruction for the State.

The State obtained two instructions pertaining to the elements of the offense. One of them was adequate. The second stated: “The Court instructs the Jury for the State that Attempted Rape is a…