State v. Smith
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — HoN. James R. Shields, Special Judge, The verdict is against the evidence. To maintain the indictment, the prosecutrix must prove an attempt at penetration, or prove a struggle with the prisoner, showing from his acts or expressions that his intent was to have connection with her. 1 Arch. Crim. Pr., 1012. The verdict was contrary to the law, as declared by the court. The instructions should have been read to the jury by the court.
Read the full summary
Appeal from Jasper Circuit Court. — HoN. James R. Shields, Special Judge, The verdict is against the evidence. To maintain the indictment, the prosecutrix must prove an attempt at penetration, or prove a struggle with the prisoner, showing from his acts or expressions that his intent was to have connection with her. 1 Arch. Crim. Pr., 1012. The verdict was contrary to the law, as declared by the court. The instructions should have been read to the jury by the court. R. S., § 1908. An indictment charging an assault with intent to commit a rape, must specify the manner and means of the*…
1Opinion of the CourtSherwood, J.
The defendant was convicted of an assault with intent to commit a rape. The indictment is well enough. It was not needful that it set forth the manner, means or mode of the assault charged. The general aver*518ment tbat an assault was made with the intent, etc., was all that was requisite; details as to the mode, are immaterial and unnecessary, not necessary to be incorporated in the indictment, as the circumstances evincive of the design with which the act was done, are regarded as matters of evidence to demonstrate the intent to the jury. 'Wharton Crim. Plead, and Prac., § 159; 1 Wharton Crim.…
2Cases cited8 opinions
- State v. EmorySupreme Court of Missouri · 1883
- Carter v. StateSupreme Court of Georgia · 1866
- State v. ChandlerSupreme Court of Missouri · 1857
- State v. . NeelySupreme Court of North Carolina · 1876
- State v. SharpSupreme Court of Missouri · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- State v. SelleSupreme Court of Missouri · 1963
- Jackson v. Grand Avenue Railway Co.Supreme Court of Missouri · 1893
- State v. SoperSupreme Court of Missouri · 1899
- State v. GlahnSupreme Court of Missouri · 1888
- State v. ShroyerSupreme Court of Missouri · 1891
36 more not listed; retrieve them via the Exa API.