State v. Cross

The opinion of the court was delivered by

Harvey, J.:

Leonard Cross, 55 years of age, was charged, under R. S. 1933 Supp. 21-424, with the rape of an eight-year-old girl, and was convicted, under R. S. 21-101, of an attempt to commit that offense. He has appealed, and complains, first, that the court gave an instruction which reads:

“. . . the information in this case charges the defendant with the crime of rape. You are instructed, however, that the state has failed to prove the actual penetration required to constitute the crime of rape. Included in the charge in the information is the charge…