Lufty v. Commonwealth

Lufty was indicted for an attempt to commit rape. He was tried and convicted of an assault, and sentenced to six months in prison and the payment of a fine of two hundred dollars. There are four assignments of error.

*710[1] 1. This indictment charged that the defendant “with force and arms in and upon one Ethel Garrison, she being then and there a female child under the age of fifteen years, to-wit, of the age of ten years, feloniously did make an assault, and her the said Ethel Garrison then and there did feloniously attempt to carnally know- and abuse.”

The defendant demurred to the indictment…