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108 Kan. 310

State v. Davidson

Supreme Court of Kansas

Decided February 12, 1921

Supreme Court of Kansas · decided 1921-02-12

<p>Appeal from Leavenworth district court; James H. Wendorff, judge.</p>

Cited by 2 later decisions — most recently December 1966

2 state decisions

Relies on State v. Winters

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1921-02-12

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¶1*311The opinion of the court was delivered by

Burch, J.:

¶2The defendant was convicted of statutory rape, and appeals.

¶3Two 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).

¶4The judgment of the district court is affirmed.

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