35 Minn. 182 | Minn. | 1886
So much of the indictment as is here important accuses the defendant, Ward, “of the crime of an assault with intent to com
Whatever may be the law as to the age at which a person is competent to commit a rape, the fact that defendant was under that age (if it existed) was matter of defence, and the indictment need allege nothing upon the subject. Com. v. Scannel, 11 Cush. 547; People v. Ah Yek, 29 Cal. 575.
Order affirmed.