State v. Pepka

SDC 13.0401 provides: “Every person who attempts to commit any crime and in such attempt does any act toward the commission of such crime, but fails or is prevented or intercepted in the perpetration thereof, * * *” is guilty of a crime. Defendant was convicted of an attempt to commit rape upon a female under the age of eighteen years and has appealed to this court from the conviction. We shall state only such of the evidence as is necessary to an understanding of the alleged errors assigned by appellant. Such statement of the evidence will appear in the discussion of the various assignments.

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