State v. Barkley

1. Rape: convictionforineluded offense. The accused was indicted for rape, and convicted of an assault with intent to commit rape. It is contended that under the evidence he should have been convicted of the higher offense or acquitted, and . . x ' that for this reason his conviction of the lower offense is not sustained by the evidence. But proof of his guilt of rape of necessity included that of every included offense, and he is not in a situation to complain of the leniency or mistake of the jury in his favor. Pratt v. State, 51 Ark. 167 (10 S. W. Rep. 233); State v. Archer, 54 N. H. 465;…