Norris v. State
Supreme Court of Alabama
From: the Circuit Court of Madison. Tried before the Hon. H. C. Speake. The indictment in this case was found in February, 1882, and charged that the defendant, J. Taylor Norris, forcibly assaulted Mrs'. Sallie Bodgers, a married woman, with the intent to ravish her.
Read the full summary
From: the Circuit Court of Madison. Tried before the Hon. H. C. Speake. The indictment in this case was found in February, 1882, and charged that the defendant, J. Taylor Norris, forcibly assaulted Mrs'. Sallie Bodgers, a married woman, with the intent to ravish her. The trial was had in March, 1889, on issue joined-on the plea of not guilty; the defendant being found guilty of an assault, and fined $225. The prosecutrix testified positively that, on a specified day in January, 1882, the defendant came to her house during her husband’s absence, “put his arms around her, forcibly held and…
1Opinion of the CourtClopton, J.
When the charges requested by the defendant are referred to the evidence, we discover no error in the refusal of the court to give them.
The indictment charges the offense of assault with intent to ravish. Defendant ashed the court to instruct the jury, if they believed from the evidence there was no intention to' commit a battery, then there was no assault, and he must be acquitted. Generally, to constitute an assault, a battery must be attempted, intended, or threatened — the commencement of an act, which, if not prevented, would produce a battery. As force is an essential constituent of the…
2Cases cited3 opinions
- McQuirk v. StateSupreme Court of Alabama · 1887
- Goodrum v. StateSupreme Court of Georgia · 1878
- Ala. Fertilizer Co. v. Reynolds & LeeSupreme Court of Alabama · 1887
3Cited by19 opinions
- State v. KentNorth Dakota Supreme Court · 1896
- Morgan v. StateCourt of Criminal Appeals of Alabama · 1978
- Weatherford v. StateCourt of Criminal Appeals of Alabama · 1979
- Harrold v. Territory of OklahomaCourt of Appeals for the Eighth Circuit · 1909
- Hammond v. StateSupreme Court of Alabama · 1906
14 more not listed; retrieve them via the Exa API.