State v. Seabrands

— The defendant was charged with the crime of attempted rape, in that he attempted to perpetrate an act of sexual intercourse with the complaining witness “against her will and without her consent by . . . attempting to forcibly overcome her resistance to such an act of intercourse.” After a verdict of guilty, he interposed a motion in arrest of judgment, which was overruled. Pursuant to § 2, chapter 114, Laws of 1935, p. 309 (Rem. Rev. Stat. (Sup.), § 10249-2 [P. C. §4503-32]), judgment and sentence was imposed, committing defendant to the state penitentiary for a maximum term of twenty…