McQuirk v. State
Supreme Court of Alabama
Appeal from Pike Circuit Court. Tried before the Hon. John P. Hubbard. Defendant McQuirk, on trial under an indictment for rape, requested the following charges, each of which was refused by the court, aud to such refusal, he excepted: 2. “If the jury have a reasonable doubt that the act was done with force, they must acquit the defendant although the prosecutrix is a woman of weak mind.” 3. “If the jury have a reasonable doubt that the defendant did the act with or without…
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Appeal from Pike Circuit Court. Tried before the Hon. John P. Hubbard. Defendant McQuirk, on trial under an indictment for rape, requested the following charges, each of which was refused by the court, aud to such refusal, he excepted: 2. “If the jury have a reasonable doubt that the act was done with force, they must acquit the defendant although the prosecutrix is a woman of weak mind.” 3. “If the jury have a reasonable doubt that the defendant did the act with or without the consent of the prosecutrix, although they may believe there was force used, and she was a woman of weak mind, they…
1Opinion of the CourtSomerville, J.
The indictment, following the form authorized by statute (Grim. Code, 1886, p. 275, Form No. 69), charges that the defendant “forcibly ravished” the prosecutrix.
It is an essential constituent of the crime of rape that the act should be intended to be done with force, actual or constructive, and without the woman’s consent. The forms of indictment in the Code, both for rape and for an assault with intent to ravish, each use the word forcibly as necessary in the description of these offenses, and at common law it was equally regarded as an essential element in tlie description of this high…
2Cases cited8 opinions
- Barnett v. StateSupreme Court of Alabama · 1887
- Waller v. StateSupreme Court of Alabama · 1867
- Dawkins v. StateSupreme Court of Alabama · 1877
- Griffin v. StateSupreme Court of Alabama · 1884
- Boddie v. StateSupreme Court of Alabama · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Nickels v. StateSupreme Court of Florida · 1925
- State v. OgdenOregon Supreme Court · 1901
- Taylor v. StateSupreme Court of Alabama · 1947
- Weatherford v. StateCourt of Criminal Appeals of Alabama · 1979
- Fisher v. StateCourt of Criminal Appeals of Alabama · 1976
40 more not listed; retrieve them via the Exa API.