Supreme Court of Kansas, 1921

State v. Davidson

State v. Davidson
Supreme Court of Kansas · Decided February 12, 1921 · Burch
108 Kan. 310; 195 P. 861; 1921 Kan. LEXIS 36

State v. Davidson

Opinion of the Court

*311The opinion of the court was delivered by

Burch, J.:

The defendant was convicted of statutory rape, and appeals.

Two questions are presented: First, that no more than an attempt was proved, and second, that no instruction relating to attempt was given the jury. The evidence need not be stated. It was abundantly sufficient to establish the completed crime. No instruction relating to attempt was requested, and under the circumstances failure to give such an instruction did not constitute prejudicial error (The State v. Winter, 81 Kan. 414, 105 Pac. 516).

The judgment of the district court is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.