Territory v. Silva

OPINION OF THE COURT BY

LINDSAY, J.

Plaintiff in error was indicted for the crime of indecent assault upon a female child under the age of twelve years, contrary to section 3897, R. L. 1915, which provides that “Whoever takes indecent and improper liberties with the person of a female child under the age of twelve years without committing or intending to commit the crime of rape shall be deemed guilty of indecent assault * * ⅞ .”

Defendant demurred on the ground that the indictment charged no proper offense under the laws of this Territory because (a) the words “without committing or intending…