STATE v. McDANIEL

No. 55448.

204 N.W.2d 627 (1973)

STATE of Iowa, Appellee, v. Steve McDANIEL, Appellant.

Supreme Court of Iowa.

February 21, 1973.


Attorney(s) appearing for the Case

Robert L. Bray, Council Bluffs, for appellant.

Richard C. Turner, Atty. Gen., Allen J. Lukehart, Asst. Atty. Gen., and Lyle A. Rodenburg, County Atty., for appellee.

Heard before MOORE, C. J., and MASON, RAWLINGS, HARRIS and McCORMICK, JJ.


HARRIS, Justice.

Defendant appeals his conviction of assault with intent to commit rape. We reverse and remand.

The evidence offered by the State, had it been properly admissible, would have been ample to support a conviction. It is necessary for us to consider only certain rulings on its admissibility. The evidence shows, though the indictment does not assert, the prosecutrix was 15 years of age at the time the offense is alleged to have occurred.

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