Moore v. State
Mississippi Supreme Court
Appeal from the circuit court of Clark county. Hon. Jno. L. Buckley, Judge. B. W. Moore was convicted of an assault with intent to commit rape and appeals. The facts, are fully stated in the opinion of the court'. My first contention for the appellant is, that the demurrer should have been sustained by the lower court because the indictment failed to charge that the said Eula Floyd was of previous chaste character.
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Appeal from the circuit court of Clark county. Hon. Jno. L. Buckley, Judge. B. W. Moore was convicted of an assault with intent to commit rape and appeals. The facts, are fully stated in the opinion of the court'. My first contention for the appellant is, that the demurrer should have been sustained by the lower court because the indictment failed to charge that the said Eula Floyd was of previous chaste character. Section 1359 of the Code of 1906, reads as follows: “Every person who shall be convicted of an assault with intent to forcibly ravish any female of previous chaste character shall…
1Opinion of the CourtCook, J.
The appellant was indicted, tried, and convicted of an assault with the intent to commit rape. The indictment, omitting the formal part, charges that appellant ‘ ‘ did unlawfully and feloniously make an assault upon one Eula Floyd,- a female, with the unlawful and felonious intent then and there her, the said Eula Floyd, to unlawfully and feloniously ravish and carnally know, forcibly and against her will.” A demurrer was interposed to this indictment, and overruled by the court.
Section 1358 of the Code of 1906 defines the crime of rape and fixes the punishment, where the party raped is a…
2Cases cited2 opinions
- Williams v. StateMississippi Supreme Court · 1901
- Taylor v. StateCourt of Appeals of Texas · 1886
3Cited by10 opinions
- Welch v. StateMississippi Supreme Court · 1990
- Young v. StateMississippi Supreme Court · 1984
- Anderson v. StateMississippi Supreme Court · 1934
- Cody v. StateMississippi Supreme Court · 1933
- State v. LindseyMississippi Supreme Court · 1947
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