State v. Bigger

Defendant appeals from a conviction of attempted carnal knowledge of a minor. The information charged appellant with the crime of carnally knowing and abusing a girl of the age of eight years. The court instructed the jury that it could only consider the included crime of an attempt to commit the crime of carnal knowledge.

The evidence necessary to be stated is: Appellant is a married man, living in the town of Soap Lake. The prosecuting witness was of the age of eight years and lived with her mother in the same town. At one time, she lived in appellant’s home. May 7, 1948, appellant saw the…