State v. West

This ease is certified to this court for its opinion upon two questions of law: First, whether, under an indictment for an assault upon a female under the age of 10 years, with intent to carnally know and abuse her, if the intent alleged be not proved, the defendant may be convicted, under section 245 of the Penal Code, of taking indecent liberties with the person of the child; and, if so, second, whether a verdict of “guilty of an indecent assault” sufficiently describes the offence. No question is raised as to whether an indictment will lie for an assault with intent to carnally abuse a…