State v. Kelley

The opinion of the court was delivered by

Harvey, J.:

Charles Kelley was found guilty of attempt to rape. He has appealed and contends that the information was fatally defective, that certain evidence was improperly received, and that there was error in the instructions given.

*806The information was drawn, in part, under R. S. 21-101, which provides:

“Every person who shall attempt to commit an offense prohibited by law, and in such attempt shall do any act toward the commission of such offense but shall fail in the perpetration thereof . .

The information charged that defendant did “attempt to rape…