State v. Hart

Citations

• 119 Wash. 529
• 205 P. 836
• 1922 Wash. LEXIS 792

Syllabus

<p>Criminal Law (226) — Indictment and Information (95) — Election Between Acts — Issues, Proof and Variance — Time of Offense. In a prosecution for statutory rape by sexual intercourse on four alleged occasions, in which the defense is an alibi on the date relied upon, the state’s election makes the date material, notwithstanding Rem. Code, § 2060, providing that it is not essential to prove an offense on the exact date charged.</p> <p>Criminal Law (226) — Election Between Acts. In such a case, defendant’s admission of an attempt to commit the offense, without fixing the time and place, does not warrant the submission of an instruction on the offense of attempting to rape, when there was no evidence of any act on the day charged.</p>