Legal Opinion

State v. McCune

Utah Supreme Court

Decided January 26, 1898No. 845PublishedCited by 20 opinions

Appeal from tbe Sixth district court, Garfield county. W. M. McCarty, Judge. David McCune was convicted of an assault with intent to commit rape, and appeals. Cited: People v. Benson, 6 Cal. 221; Christian v. Com., 23 Grattan 954; People v. Hamilton, 49 Cal; 519; Boxley v. Com., 24 Gratt. 655; People v. Ardage, 51 Cal. 371; Thomas v. State, 16 Tex. App. 535; State v. Massey, (N. C.) 42 Am. Hep. 478; State v. Biggs, 61 N. W. Eep. 417; Mouse v. State, 9 Tex.

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Appeal from tbe Sixth district court, Garfield county. W. M. McCarty, Judge. David McCune was convicted of an assault with intent to commit rape, and appeals. Cited: People v. Benson, 6 Cal. 221; Christian v. Com., 23 Grattan 954; People v. Hamilton, 49 Cal; 519; Boxley v. Com., 24 Gratt. 655; People v. Ardage, 51 Cal. 371; Thomas v. State, 16 Tex. App. 535; State v. Massey, (N. C.) 42 Am. Hep. 478; State v. Biggs, 61 N. W. Eep. 417; Mouse v. State, 9 Tex. App. 567; Sanford v. State, 12 Tex. App. 196; Irving v. State. 9 lb. 66; Sadler v. State, 12 lb. 194.

1Opinion of the Court

Miner, J.:

The defendant in this case was charged with having on the 22d day of September, 1896, in Garfield county, committed an assault on one Louie Talbot, with an intent to commit rape. The jury found the defendant guilty, and he was sentenced to imprisonment in the state penitentiary at Salt Lake City for a period of 18 months. Tin* defendant appealed from the judgment, and alleges that the evidence was insufficient to sustain the verdict and judgment.

The prosecutrix testified, among other things, that she had known the defendant but a few days; that she understood he was a married man,…

2Cases cited3 opinions

  1. Strang v. PeopleMichigan Supreme Court · 1871
  2. Crosswell v. PeopleMichigan Supreme Court · 1865
  3. Don Moran v. PeopleMichigan Supreme Court · 1872

3Cited by20 opinions

  1. State v. SmithUtah Supreme Court · 1936
  2. State v. SimmonsWashington Supreme Court · 1962
  3. State v. WardUtah Supreme Court · 1959
  4. State v. WilsonWyoming Supreme Court · 1924
  5. State v. WilliamsonUtah Supreme Court · 1900

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