State v. Radke

The opinion of the court was delivered by

Arn, J.:

This is an appeal from a conviction upon a charge of attempting to commit statutory rape upon a five-year-old girl. Appellant, a man in his middle forties, was first tried on October 14, 1948, but the jury was unable to agree upon a verdict and it was declared to be no trial. At the following term, and on February 16, 1949, appellant was tried and convicted.

Preliminary to the trial of October 14, 1948, appellant was arraigned and pleaded “not guilty" to an information which is now claimed to be defective in that it failed to set forth the overt…