State v. Sherman

1

*6872 *685I. When the indictment was returned the “age of consent” was thirteen instead of fifteen years, as at present. The court instructed the jury on the question of an assault with intent to commit rape, as being included in the crime charged in the indictment, and of -this complaint is made, it not appearing that defendant had actual knowledge of the age of the prosecutrix; and appellant’s claim is that there must not only be the intent to commit rape, but it must be intent to do so on a female under the age of thirteen years. A female under the age of thirteen years is not competent to consent…