OTIS, Justice.
Defendant appeals from a conviction for attempted sodomy.
1. The first assignment challenges the right to convict for an attempt where the information charges only the crime of sodomy. It is the contention of defendant that under Minn.St. 609.035 (L.1963, c. 753, § 609.035) an attempt is not a lesser and included offense but must be charged in a separate count since it involves an element of intent which must be alleged and proved. In support...
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