State v. Mortensen

I dissent. We all agree that an overt act must be shown. I dissent from the conclusion that an overt act was not shown. In the following summary the names Anna and Anna Mae are substituted for the true names of the two girls most concerned. Anna testified:

“I am eleven years old. I had not seen Mr. Mortensen until that Sunday at the Holland Inn. He was playing the machine. Anna Mae was with me. He put nickels in the machine and let us shoot it by turns. He gave us some money to buy candy bars. We went home to dinner and returned, and he still let us play the machine. He asked us if we wanted…