Griffin

The defendant, charged with the crime . of -rape, was convicted of an attempt to commit rape. Xrom the judgment and from the order denying him a ' newxtria.1, he prosecutes these appeals.

-By \hé!,evidence of the people it appeared that the victim w4s-fá feeble-minded girl about eighteen years of age. ’ She ápd her brother were alono upon their ranch when defénd&pt, .and a companion by the name of Love, drove up. Toñecomplish their design they inveigled the brother awa^-from his home. He, returning, heard his sister cryib„g, ind entering her bedroom, discovered defendant in'[Kagra%te, ddietn.

/ At common law, where the elements of force upon the part of the assailant,.apd resistance upon the part.of the woman, were always regarded as essentials to the crime, much difficulty was experienced by the judges in bringing many cases, calling aloud for punishment, within the strict definition of the offense. The result, as may be conceived, was that the courts between their natural desires, upon the one hand, th punish the wicked, upon the other to maintain the -integrity of the law, were driven to extreme niceties ‘oLdistinction. The books are thus full of cases which are to-day of…