Legal Opinion

State v. Smith

Supreme Court of Vermont

Decided January 15, 1871PublishedCited by 32 opinions

This was an information filed by the state’s attorney by request of the respondent, charging that the respondent assaulted one Isabel Shalon, with intent carnally to know and ravish her. Plea, not guilty. Trial by jury, April term, 1869, Wilson, J., pre-' siding.

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This was an information filed by the state’s attorney by request of the respondent, charging that the respondent assaulted one Isabel Shalon, with intent carnally to know and ravish her. Plea, not guilty. Trial by jury, April term, 1869, Wilson, J., pre-' siding. The State introduced testimony tending to prove that the respondent, at the time and place alleged in said information, did assault the said Isabel, with intent carnally to know and ravish her, and tending to show that the respondent did carnally know and ravish her, by force and against her will. To which testimony the respondent…

1Opinion of the Court

The opinion of the court was delivered by

Pierpoint, C. J.

In this case the respondent was informed against for an assault with intent to commit a rape. On trial the evidence showed that a rape was actually committed. The counsel for the respondent now insists that upon such proof the respondent should have been discharged upon this information.

In considering this question, we are relieved from all embarrassment by reason of the numerous decisions based upon, and growing out of, the principle that in prosecutions for a felony there can be no conviction of-a misdemeanor. In this case the offense…

2Cases cited4 opinions

  1. Wilson v. StateSupreme Court of Connecticut · 1855
  2. State v. ShepardSupreme Court of Connecticut · 1828
  3. State v. ScottSupreme Court of Vermont · 1852
  4. State v. CoySupreme Court of Vermont · 1827

3Cited by32 opinions

  1. State v. ToombsSupreme Court of Missouri · 1930
  2. State v. DesoSupreme Court of Vermont · 1938
  3. Duvall v. StateOhio Supreme Court · 1924
  4. People v. DefoorCalifornia Supreme Court · 1893
  5. Moundsville v. FountainWest Virginia Supreme Court · 1885

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