State v. Wade
Mississippi Supreme Court
Appeal from the circuit court of Holmes county. Hon. Monroe MoClurg, Judge. Ben Wade, Jr., was indicted for an attempt to commit rape. From a judgment sustaining a demurrer to the indictment the state appeals. The facts are fully stated in the opinion of the court. The demurrer to this indictment contains two grounds stated in one paragraph of the demurrer. First: The indictment does not allege that the defendant failed to commit a rape on the person of Fannie Sample.
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Appeal from the circuit court of Holmes county. Hon. Monroe MoClurg, Judge. Ben Wade, Jr., was indicted for an attempt to commit rape. From a judgment sustaining a demurrer to the indictment the state appeals. The facts are fully stated in the opinion of the court. The demurrer to this indictment contains two grounds stated in one paragraph of the demurrer. First: The indictment does not allege that the defendant failed to commit a rape on the person of Fannie Sample. Second: .That it does not allege that said defendant was prevented from committing said rape on said Fannie Sample. The…
1Opinion of the CourtSmith, C. J.
This is an appeal by the state from a judgment sustaining a demurrer to an indictment charging appellee with an attempt to commit the crime of rape. The indictment alleged “ . . . that Ben Wade, Jr., in said county, on the 13th day of March, A. D. 1912, did unlawfully and designedly, with actual violence, make an assault upon the body of one Fannie Sample, a female, and said Ben Wade, Jr., therein did then and there lay *716hold of the body of the said Fannie Sample, and her, the said Fannie Sample, did then and there throw her, said Fannie Sample, upon the bed of said Fannie Sample, then and…
2Cited by8 opinions
- Bucklew v. StateMississippi Supreme Court · 1968
- Croft v. StateMississippi Supreme Court · 2008
- State v. LindseyMississippi Supreme Court · 1947
- Jackson v. StateMississippi Supreme Court · 1982
- Miller v. StateMississippi Supreme Court · 1922
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