State v. Halford
Utah Supreme Court
Appeal from district court, first district; C. H. Hart, Judge. Joseph W. Halford was convicted of rape, and appeals. The law is well settled that before a conviction can be had for rape it must appear that the woman raped resisted with all her strength. It must be a bona fide resistance, not a pretence of reluctance. There must be some evidence of struggle if the woman has her senses, and if not overpowered or completely terrified.
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Appeal from district court, first district; C. H. Hart, Judge. Joseph W. Halford was convicted of rape, and appeals. The law is well settled that before a conviction can be had for rape it must appear that the woman raped resisted with all her strength. It must be a bona fide resistance, not a pretence of reluctance. There must be some evidence of struggle if the woman has her senses, and if not overpowered or completely terrified. The fact that a woman, who has had such a frightful outrage perpetrated against her chastity, makes no complaint, is always cogent proof that no rape was…
1Opinion of the Court
Minee, J.:
The defendant was convicted of the crime of rape. The errors upon which the defendant relies for a reversal of the judgment are that the evidence was wholly insufficient to support the verdict of conviction, and that the court erred in not instructing the jury to acquit the defendant.
It appears from the testimony that the defendant' was married to a sister of the prosecutrix. . The parties were well acquainted with each other, and the prosecutrix lived in defendant’s family prior to her marriage. The prosecuting witness, among other things, testified, in substance: That defendant…
2Cases cited4 opinions
- Strang v. PeopleMichigan Supreme Court · 1871
- People v. BrownMichigan Supreme Court · 1884
- State v. McCuneUtah Supreme Court · 1898
- Maillet v. PeopleMichigan Supreme Court · 1879
3Cited by6 opinions
- State v. MartinUtah Supreme Court · 2002
- State v. WilliamsUtah Supreme Court · 1909
- State v. BrownUtah Supreme Court · 1909
- State v. WebbUtah Supreme Court · 1899
- State v. MontgomeryUtah Supreme Court · 1910
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