State v. Leach

CAREY, Judge pro tern.,

specially concurring.

The amended Information charging attempted rape contained the elements of the crime, fairly informed the defendant of the charge against which he must defend, and enabled him to plead an acquittal or conviction in bar of future prosecution for the same offense. The use of the word “attempt” in the Information imported a specific intent to commit the underlying crime. No additional language was necessary. The Information was legally sufficient regardless of whether the motion to dismiss had been made before or after trial.

I write this concurring opinion only to forestall any subsequent application for post-conviction relief claiming ineffective assistance of counsel because of the delay in moving to dismiss the information.