State v. Marion Trusty

While a great number of questions are argued, the record is in such condition that we may consider but one, and that relates to the failure of the court to instruct as to included offenses. One count of the indictment charged the defendant with unlawfully, willfully, and feloniously making an assault upon the prosecutrix, and carnally knowing and abusing her; another, with carnal knowledge and abusé of the girl, who, it is alleged,' was imbecile, and unable to understand the nature of, or to consent to, the act. The prosecutrix testified, among other things, that defendant told her to come…