Wooldridge

W. H. Wooldridge, called defendant, was indicted in Alaska on February 18, 1916, on two counts: One for statutory rape, alleged to have been committed December 23, 1914; and another for an attempt to commit rape on February 14, 1916, upon Laura Herrington, a girl under 16 years of age. Wooldridge was acquitted on the first count, but convicted of an attempt to commit rape as charged in the second count. Writ of error brings the case to this court.

The particular charge against Wooldridge was that he procured Laura Herrington to consent to meet him in a *486 certain place known as “Rose’s Repair Shop,” in Fairbanks, Alaska, for the purpose of having sexual intercourse, and that he met her at the shop pursuant to arrangement, and with the intent to carry out the plan to know her carnally, but that he was prevented and intercepted in the execution of his purpose.

Section 1894 of the Compiled Laws of Alaska provides that whoever has carnal knowledge of a female person forcibly and against her will, or, being 16 years of age, carnally knows and abuses a female person under 16 years of age, with her consent, is guilty of rape. ' Section 2073, Compiled Laws of Alaska, is as follows:…