69 P. 58 | Utah | 1902
The information alleged that the defend- and “on the twenty-first day of July, A. D. 1901, at Salt Lake county, State of Utah, in and upon one Bertha West-lund, a female, not the wife of the said Vedo Delveechio, unlawfully, forcibly, and feloniously did make an assault, with the intent then and there the said Bertha Westlund, unlawfully, forcibly, and feloniously, to ravish and carnally know, and her, the said Bertha Westlund, then and there, against her will and without her consent, unlawfully, forcibly, and felo-niously did ravish and carnally know, contrary to the form of the statutes of the State aforesaid in such cases made and provided, and against the peace and dignity of the State of Utah.” The jury having found him guilty, a motion in arrest of judgment was made. The grounds stated in the motion were “that the information in this case fails to state facts sufficient to constitute a public offense, or of the offense of rape sought to be charged in said information, or to state sufficient or any facts so that the defendant herein can understand the
1. Section 4217 of the Revised Statutes defines rape to be “an act of sexual intercourse accomplished with a female, not the wife of the perpetrator, under.either of the following circumstances,” among which the third is, “where she
2. The other errors assigned are based upon the action of the trial court in giving and refusing to give certain instructions, and in admitting and refusing to admit certain evidence. It does not appear from the record that the instructions given and complained of were requested in writing
It is ordered that the judgment be affirmed, and the case remanded for further proceedings in accordance with law.