State v. Scroggs

i. indictment: allegations of force. The case was tried on the theory that the defendant was accused of an assault with intent to ripe a female under fifteen years of age. This appellant insists was error for the reason that the indictment _ charged the assault to have been committed with force and against the will of prosecutrix. Counsel seems to rely upon decisions to the effect that under an ordinary indictment for rape, or assault with intent to commit rape, in which the age of prosecutrix is not mentioned, conviction cannot be had without proof of force and the absence of consent, even…