State v. Crofutt

Defendant was convicted of rape in the first degree and has appealed.

The female upon whom the alleged rape was committed was not under the age of ten years which makes the basis of the conviction a rape accomplished by means of force overcoming resistance. SDC 13.2803.

The defendant requested the trial court to instruct the jury that the crime of assault with the intent to commit rape is included in the offense charged and if the jury should fail to find the defendant guilty of rape in the first degree, it could, if the evidence warranted, bring in a verdict of guilty of an assault with intent…