State v. Bailey

Andersen, J.—

Facts of Case

At issue in this case is whether the defendant's conviction for indecent liberties should be reversed because the *342trial court improperly instructed the jury that indecent liberties was a lesser included offense of statutory rape in the first degree. As we note herein, the Legislature has since changed the terminology of the pertinent statutes.

Walter V. Bailey, the defendant herein, was charged with first degree statutory rape as the result of events that occurred on a date between December 15,1985 and January 5, 1986. Defendant was in his midthirties at the time of…