Pratt v. State
Supreme Court of Arkansas
ERROR to Randolph Circuit Court. J. W. Butler, Judge. The defendant was tried on an indictment for rape and the jury convicted him of an assault with intent to commit rape. He was refused a new trial and sentenced according to the finding of the jury. Section 2288 Mansf.
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ERROR to Randolph Circuit Court. J. W. Butler, Judge. The defendant was tried on an indictment for rape and the jury convicted him of an assault with intent to commit rape. He was refused a new trial and sentenced according to the finding of the jury. Section 2288 Mansf. Dig. is as follows: Upon an indictment for an offence consisting of different degrees, the defendant may be found guilty of any degree not higher than that charged in the indictment, and may be found guilty of any offence included in that charged in the indictment. To sustain the charge of rape, or assault with intent to…
1Opinion of the CourtCoCKRlLL, C. J.
I. Assault: Included in change of rape. An assault with intent to commit rape is included in the charge of rape, and a conviction may be had of the former' offence under an indictment for the latter. Mansf. Dig., sec. 2288; Davis v. State, 45 Ark., 464; 1 Bish. Cr. Law, sec. 809.
2. Rape: Trial for: Conviction of assault. 2. It is conceded that the testimony would sustain a -diet for rape. That being true, there can be no question of its sufficiency to sustain the verdict for assau-lt with intent to commit the offence. If it be conceded that the testimony would logically demand a verdict of…
2Cited by12 opinions
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- State v. BarkleySupreme Court of Iowa · 1905
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- Ex Parte HarrisCourt of Criminal Appeals of Oklahoma · 1912
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