Harvey v. State
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. J. W. Martin, Judge. 1. The evidence is sufficient to identify defendant, or to show an attempt to commit rape. 2. To constitute rape in this State force must be used. Fraud or strategy is not sufficient. Even if appellant’s intent was to effect his purpose while Mrs. Dean was asleep, he would not be guilty of the offense charged. See 13 Ark., 373 ; 11 Ark., 409; 86 N. C., 659; 73 Iowa, 255; 74 Mo., 24; 12 Tex.
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APPEAL from Pulaski Circuit Court. J. W. Martin, Judge. 1. The evidence is sufficient to identify defendant, or to show an attempt to commit rape. 2. To constitute rape in this State force must be used. Fraud or strategy is not sufficient. Even if appellant’s intent was to effect his purpose while Mrs. Dean was asleep, he would not be guilty of the offense charged. See 13 Ark., 373 ; 11 Ark., 409; 86 N. C., 659; 73 Iowa, 255; 74 Mo., 24; 12 Tex. App., 196; 14 Gray, 415; 30 Ala., 54; 9 S. W. Rep., 609; 11 Tex. App., 116; 5 S. W., 511; 43 Tex., 583; 53 Ala., 453. The testimony was sufficient to…
1Opinion of the CourtHughes, J.
The appellant was tried in the Pulaski circuit court upon an indictment containing two counts, in. the first of which'he is charged with burglary committed with the intent to steal, and in the second of which he is. charged with burglary committed with the intent to commit rape. He was convicted on the second count, filed a motions for a new trial, which was overruled, and appealed to this court.
The evidence in the case was circumstantial, and it is contended for appellant that it was neither sufficient to identify the person, who entered the house, as the appellant, nor to show the intent…
2Cited by16 opinions
- Pumphrey v. StateSupreme Court of Alabama · 1908
- State v. MoormanSupreme Court of North Carolina · 1987
- Croomes v. StateCourt of Criminal Appeals of Texas · 1899
- State v. WorthenSupreme Court of Iowa · 1900
- State v. ShroyerSupreme Court of Missouri · 1891
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