State v. Butler

rapeMnciuded" offenses: submission of issues. — I. The indictment charged that defendant, on or about September 21, 1910, “did wilfully, feloniously, and unlawfully assault one Yera Butler, and did then and there carnally know and abuse the said Yera Butler, she being then and there a female .... . »» mi child under the age of fifteen years. lfie t court advised the jury that included m the offense charged was that of assault with intent to com*165mit rape, and also that of unlawful assault, but did not mention assault and battery, nor submit whether he was guilty thereof to the jury. Appellant…