Leinberger v. State

The defendants were jointly charged by affidavit with rape; were tried and convicted. The jury was correctly charged that the affidavit charging the crime of rape includes the charge of the lesser offenses of “attempted rape,” “assault and battery” and “assault.” The jury returned a verdict in a form directed by the court as follows: (omitting the formal parts), “We, the jury, find the defendant, Wayne Leinberger, guilty of assault and battery with intent to rape, and that he is 20 years of age¿ and that he be fined $500 (the fine being any sum not exceeding $1,000) and imprisoned in the…