State v. Greco
New York Court of General Session of the Peace
Peter Greco was tried on an indictment charging him with an assault with intent to rape. Verdict of guilty, defendant suing out writ of error, which was dismissed for failure to prosecute.
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Peter Greco was tried on an indictment charging him with an assault with intent to rape. Verdict of guilty, defendant suing out writ of error, which was dismissed for failure to prosecute. The prosecuting witness testified that on the morning of November 27, 1917, at about 7:15 o’clock, while she was proceeding on Clayton street, in the city of Wilmington, towards her home, and just as she came out from underneath the bridge under which Clayton street passes as it runs into Brandywine Park, she heard a voice and rustling of leaves and turned around and saw the accused, who at that time put…
1Opinion of the Court
Boyce, J.,
delivering the opinion of the court:
[1-3] The indictment in this case charges that the accused did with violence assault the prosecuting witness with intent to commit rape. The element of intent is an essential ingredient of the crime charged. The particular intent with which an assault is made may be shown either by direct or circumstantial evidence; that is, by the express declarations or confession of the accused, or by his acts and conduct from which the intent may be reasonably and naturally inferred. Ordinarily evidence must be confined to the issue, so that it is a general…
2Cases cited3 opinions
- People v. SeamanMichigan Supreme Court · 1895
- State v. BrownNew York Court of General Session of the Peace · 1912
- Effler v. StateSupreme Court of Delaware · 1913
3Cited by9 opinions
- State v. LyleSupreme Court of South Carolina · 1923
- Bantum v. StateSupreme Court of Delaware · 1952
- Keene v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1948
- Garboctowski v. StateSupreme Court of Delaware · 1923
- State v. CloughNew York Court of General Session of the Peace · 1925
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