State v. Smailes

—Appellant was convicted of assault with intent to commit rape under an information charging that “at the County of Nez Perce in the State of Idaho, the aforesaid Kenneth Smailes then and there being committed the crime of rape who then and there did wilfully, intentionally, unlawfully and feloniously have sexual intercourse” with prosecutrix, naming her, “a female not the wife of said Kenneth Smailes,” while the said prosecutrix was under the age of eighteen years. The salient facts necessary to an understanding of the case are substantially as follows:

Appellant lived with his mother in a…