Legal Opinion

State v. McDevitt

Supreme Court of Iowa

Decided October 14, 1886PublishedCited by 20 opinions

Appeal from Cerro Gordo District Court. The defendant was indicted for the crime of an assault with an attempt to commit rape. The jury returned a verdict of guilty, and judgment was rendered upon the verdict. The defendant appeals.-

1Opinion of the Court

Adams, Oh. J.

The evidence shows beyond controversy that the prosecutrix, Ohloe Rhodes, while traveling along the highway, in company with her sister and another girl, was approached by the defendant, a stranger to all of them, knd was ashed by him to be allowed to have sexual intercourse with her; that she promptly refused him; and that thereupon he assaulted her, threw her down in the road, and attempted to accomplish his purpose, and desisted only when the other girls approached, and the prosecutrix’s resistance was such as to render it evident that his efforts would be ineffectual.

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2Cited by20 opinions

  1. State v. DesmondSupreme Court of Iowa · 1899
  2. Volusia County Bank v. BigelowSupreme Court of Florida · 1903
  3. State v. BrooksSupreme Court of Iowa · 1917
  4. State v. OckijSupreme Court of Iowa · 1914
  5. State v. HoaglinSupreme Court of Iowa · 1929

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