Webster

In this case, upon an information charging him with rape, the defendant was convicted of an attempt to commit rape. No useful purpose would be subserved by a recital of the facts upon which the defendant was convicted, but the evidence, which showed a prompt complaint by the little girl to her mother, an immediate medical examination, followed by the arrest of the defendant on the day of the offense, a straightforward story told by the prosecuting witness on the stand, and a rambling and incoherent tale on the part of the defendant, was amply sufficient to warrant the conviction.

Only two points are urged for reversal of the judgment, one being the refusal of the court to give a cautionary instruction requested by defendant and the other being misconduct on the part of the district attorney. While the instruction offered might well have been given, we are satisfied that the trial court fully covered the points involved therein when it instructed the jury to consider the matter “calmly, dispassionately, and deliberately,” as they would any other accusation, and that they were “to be very careful in any such case,” and should “carefully and guardedly weigh, analyze, and consider…