53 Kan. 87 | Kan. | 1894
The opinion of the court was delivered by
George W. Frazier was convicted of an attempt to commit rape upon a female under the age of 18 years. The information contained two counts, in the first of which it was alleged, that “On the 14th day of April, 1893, in the said county of Saline, and the state of Kansas, one George W. Frazier, then and there, in and upon one Anna Yust, a female under the age of 18 years, to wit, of the age of 13 years, then and there being, unlawfully and feloniously did commit a rape, by then and there carnally and unlawfully knowing her, the said Anna Yust.” The second count charged that “On the 14th day of April, 1893, in the said county of Saline and state of Kansas, one George W. Frazier, then and there, in and upon one Anna Yust, a female under the age of 18 years, to wit, of the age of 13 years, then and there being, unlawfully and feloniously did attempt to commit a rape, by then and there attempting to carnally and unlawfully know the said Anna Yust,” etc. The sufficiency of the information was challenged by motion to quash, and, as to the second count, it was alleged that the charge was indefinite, uncertain, and insufficient. The court denied the motion and the trial proceded before a jury. Two verdicts were returned, in one of which the jury found that the defendant was “ not guilty as charged in the first count of the information,” and in the other it was found that the defendant was “guilty as charged in the second count of the information.”
The judgment of the district court will be reversed and the cause remanded for further proceedings.