State v. Wheat
Supreme Court of Vermont
Indictment for an assault with an intent to commit rape. Trial by jury at tbe September term, 1889, Washington county, Ross, J., presiding. Yerdict of guilty. The respondent excepts. Hpon this indictment the respondent cannot be tried for an attempt to carnally know a female under fourteen years of age with her consent. In case of that offence the age of the female is material and must be averred.
Read the full summary
Indictment for an assault with an intent to commit rape. Trial by jury at tbe September term, 1889, Washington county, Ross, J., presiding. Yerdict of guilty. The respondent excepts. Hpon this indictment the respondent cannot be tried for an attempt to carnally know a female under fourteen years of age with her consent. In case of that offence the age of the female is material and must be averred. Reg v. Martin, 9 Car. & P. 215 ; State v. Storkey, 63 N. C. 7 ; O'Meara v. State, 17 Ohio State 515 ; Reg v. Shoot, 3 Car. & K. 206 ; Greer v. State, 50 Ind. 267 ; Yasser v. State, 55 Ala. 264;…
1Opinion of the Court
The opinion of the court was delivered by
MUNSON, J.
Our statutory provisions concerning rape are found in No. 63, Acts of 1886. In the first section of this act, provision is made for the punishment of a person over the age of sixteen years who “ ravishes and carnally knows a female person of the age of fourteen years or more, by force and against her will,” or “ unlawfully and carnally knows a female person under fourteen years of age, with or without her consent.” P. *675L. 4117 provides for the punishment of one who “ assaults a female person with intent to commit rape.”
This indictment charges…
2Cases cited6 opinions
- People v. McDonaldMichigan Supreme Court · 1861
- State v. PickettNevada Supreme Court · 1876
- Fizell v. StateWisconsin Supreme Court · 1870
- Bonner v. StateMississippi Supreme Court · 1887
- State v. EricksonWisconsin Supreme Court · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. CarnagySupreme Court of Iowa · 1898
- State v. HazeltonSupreme Court of Vermont · 2006
- State v. BakerSupreme Court of Missouri · 1955
- Liebscher v. StateNebraska Supreme Court · 1903
- State v. WingerSupreme Court of Minnesota · 1938
8 more not listed; retrieve them via the Exa API.