State v. White
Supreme Court of Missouri
Appeal from St. Louis Criminal Court. If the proof shows anything, it proves a rape; the jury return that it is no rape, but an assault to commit one.
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Appeal from St. Louis Criminal Court. If the proof shows anything, it proves a rape; the jury return that it is no rape, but an assault to commit one. The second section of Crimes and Punishments (R. C. 1855, p. 637) declares, “ That no person shall be convicted of an assault with intent to commit a crime, or of any other attempt to commit any offence, when it shall appear that the crime intended, or the offence attempted, was perpetrated by such person at the time of the assault, or in pursuance of such attempt.” In the face of the proofs that the offence was perpetrated, the jury find it…
1Opinion of the CourtBay, Judge
*501At the May term, 1864, of the St. Louis Criminal Court, the defendant was indicted for a rape alleged to have been committed on the person of one Margaret Kessebring, over the age of twelve years. The indictment contained a count, also, for an assault with intent to commit a rape. The principal witness examined by the State was the said Margaret Kessebring, whose testimony was of such a character as to call for the utmost caution on the part of the jury. But if full faith and credit are to be given to her statement, then the act was fully consummated, and the jury were not warranted, under…
2Cited by14 opinions
- State v. GadwoodSupreme Court of Missouri · 1938
- State v. OgdenOregon Supreme Court · 1901
- State v. KainSupreme Court of Missouri · 1960
- State v. ScottSupreme Court of Missouri · 1903
- State v. BakerSupreme Court of Missouri · 1955
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