McNair v. State
Supreme Court of Alabama
Appeal from Circuit Court of Pike. Tried before Hon. James E. Cobb. The appellant, a boy about fourteen years old, was tried and convicted of breaking and entering a dwelling house, with intent to commit a rape.
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Appeal from Circuit Court of Pike. Tried before Hon. James E. Cobb. The appellant, a boy about fourteen years old, was tried and convicted of breaking and entering a dwelling house, with intent to commit a rape. The evidence showed that he, while in a naked condition, broke into the room where the female, alleged to have been assaulted, was sleeping; that the female was aroused by feeling the bed jar, and upon drawing up her foot it came in contact with the defendant; that when the alarm was made defendant fied. The defendant proved that “about one week prior to the alleged assault he entered…
1Opinion of the CourtManning, J.
In Lewis v. The State (30 Ala. 54), decided in 1857, a prosecution óf a negro slave for rape, or attempt to commit rape, by personating the husband of a married white woman, and so effecting, or endeavoring to effect, illicit sexual intercourse with her, this court said: “ It is settled by a chain of adjudications, too long and unbroken to be now shaken, that force is a necessary ingredient in the crime of rape. The only relaxation of this rule is that this force may be constructive. Under this relaxation it has been held, that where the female was an idiot, or had been rendered insensible by…
2Cases cited1 opinion
- Lewis v. StateSupreme Court of Alabama · 1857
3Cited by6 opinions
- Pumphrey v. StateSupreme Court of Alabama · 1908
- McQuirk v. StateSupreme Court of Alabama · 1887
- Sowers v. TerritorySupreme Court of Oklahoma · 1897
- Hooks v. StateTennessee Supreme Court · 1926
- Davis v. StateAlabama Court of Appeals · 1964
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