State Ex Rel. Ruffing v. Jameson

Petitioner Ruffing as defendant pled not guilty to an information filed in Gregory County of the Eleventh Judicial Circuit charging him with the crime of second' degree rape of a female, not his wife, under 18 years of age, to wit, 16 years of age. In the ensuing trial, the trial judge gave the following instructions to the jury:

"8.

"A smaller crime than rape is provided for under another criminal law which makes it a crime for any person to commit an assault with the intent to commit rape. Our statute defines assault in the following language:

'An assault is any willful and unlawful attempt to…