State v. Smith

Defendant Leonard Smith was charged by Information with the offenses of attempted sexual intercourse without consent upon a minor female, a felony, in violation of sections 94-4-103 and 94-5-503(3), R.C.M.1947, and sexual assault upon a minor female, a felony, in violation of section 94-5-502(1), R.C.M.1947. Defendant appeals from the judgment of the District Court, Flathead County, entered pursuant to the verdict of the jury, convicting him of both offenses.

On July 10, 1976, the prosecutrix, a juvenile 15 years of age, was asked by defendant’s wife to babysit at defendant’s residence in…