Polk v. State

Harry Polk, appellant, was convicted in the Circuit Court of Leake County of assault with intent to rape a twelve-year-old girl of previous chaste character. Miss. Code 1942, Rec., § 2361. The jury fixed his sentence at seven years in the state penitentiary. The evidence amply warranted the conviction. Testimony of the prosecutrix was supported by Polk’s oral confession to the sheriff, and in substantial part by his own testimony.

The state’s instruction on the form of verdict, if the jury found defendant guilty, said, “The form of your verdict may be: ‘We the jury find the defendant guilty as…