People v. Visel

Defendant was convicted of an assault upon a girl, 13 years of age, and taking indecent and improper liberties with her person, and prosecutes review by appeal.

Under the conviction the lesser offense of assault was merged in the major crime. The court instructed the jury:

“I imagine that I can believe that a man would put his arm around a child, a girl of the age of Florence Cotton, with intent to take indecent liberties. He is guilty the minute he touches her, of the offense. It rests with Ms intent. What does he intend to do? These crimes are effected by beginning rather subtly and…