State v. Smith

FOLLAND, Justice.

Defendant was charged by the information of the district attorney of the Third judicial district with the crime of statutory rape; that is, sexual intercourse with a girl under the age of thirteen years. He was convicted by the jury of the crime of assault with intent to commit rape. He appeals and assigns numerous errors. It will serve no useful purpose to recite the facts testified to by the witnesses. The evidence for the State tended to prove the commission of the completed crime of rape as charged. The testimony offered by the defendant was in direct conflict with that…