STATE v. HALL

No. 9299.

397 P.2d 261 (1964)

The STATE of Idaho, Plaintiff-Respondent, v. Elwin M. HALL, Defendant-Appellant.

Supreme Court of Idaho.

November 30, 1964.


Attorney(s) appearing for the Case

William B. Taylor, Jr., Grangeville, for appellant.

Allan G. Shepard, Atty. Gen., and Thomas G. Nelson, Asst. Atty. Gen., Boise, W. C. MacGregor, Jr., Prosecuting Atty. Grangeville, for respondent.


McFADDEN, Justice.

The defendant-appellant, an enlisted man of the United States Air Force, was convicted of the crime of "attempt to commit rape", although by the amended information, he was charged with the crime of "assault with intent to commit rape"; he has appealed from an order denying his motion for new trial, and the judgment of conviction and sentence imposed.

The pertinent portion of the amended information reads:

"That on or about the...

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