State v. Huff
Supreme Court of Missouri
Appeal from Monroe Cirenit Court. — Hon. D. H. Bby, Judge. (1) The instruction in the nature of a demurrer, offered by defendant at close of plaintiff’s case, should have been given, there being no evidence of force used or attempted to be used by defendant. In order to convict for an assault with intent to rape, the evidence must show beyond a reasonable doubt, that defendant intended to accomplish his purpose regardless of any resistance the woman might offer.
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Appeal from Monroe Cirenit Court. — Hon. D. H. Bby, Judge. (1) The instruction in the nature of a demurrer, offered by defendant at close of plaintiff’s case, should have been given, there being no evidence of force used or attempted to be used by defendant. In order to convict for an assault with intent to rape, the evidence must show beyond a reasonable doubt, that defendant intended to accomplish his purpose regardless of any resistance the woman might offer. State v. Hayden, 141 Mo. 311; State v. Scholl, 130 Mo. 396; State v. Owsley, 102 Mo. 618; State v. Priestley, Y4 Mo. 24; State v.…
1Opinion of the CourtBurgess, J.
— Defendant was convicted in the circuit court of Monroe county for assault with intent to ravish one Nettie Carter, and his punishment fixed at three years’ imprisonment in the penitentiary. After unavailing motions for a new trial and in arrest defendant appeals.
It appears from the record that between two and three o’clock of the afternoon of October 8, 1900, at Monroe county, while Nettie Carter, a feeble-minded female, then about twenty-two years of age, was going from her father’s house in said county along the public road leading therefrom to a neighbor’s, on an errand, defendant who…
2Cases cited1 opinion
- State v. NelsonSupreme Court of Missouri · 1889
3Cited by2 opinions
- State v. HoganMissouri Court of Appeals · 1907
- State v. SaymanMissouri Court of Appeals · 1903