State v. Duckett
New Mexico Supreme Court
Appeal from District Court, Chaves County; McClure, Judge. • Bobert L. Duckett was convicted of assault with intent to rape, and he appeals.
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Appeal from District Court, Chaves County; McClure, Judge. • Bobert L. Duckett was convicted of assault with intent to rape, and he appeals. The evidence is insufficient to establish that the assault was made with intent to rape, and that was essential to sustain the charge. 33 Cyc. 1433; State v. Scholl, 33 S. W. 968; State v. Owlsley, 15 S. W. 137; State v. Priestly, 74 S. W. (Mo.) 24; Carroll v. State, 6 S. W. 190; Powerfe v. State, 18 S. W. 552; Fields v. State, 24 S. W. 907; Steinkie v. State. 25 S. W. 287; Mathews v. State, 31 S. W. 381; Passmore v. State, 15 S. W. 286; Ellenberg v.…
1Opinion of the Court
OPINION OF THE COURT.
PABKEB, J.
Appellant was tried and convicted in the district court of Chaves county of assault with intent to rape one Mary Booth. The principal ground relied upon for reversal in this court is that the verdict of the jury was not warranted by the evidence, in that there was no evidence tending to show that the accused intended to have intercourse with the prosecutrix by force and against her will. rfhe law is well settled that in order to convict a man of assault with intent to rape; the state must establish by the evidence, to the satisfaction of the jury and beyond a…
2Cases cited8 opinions
- State v. DonovanSupreme Court of Iowa · 1883
- State v. DonovanSupreme Court of Iowa · 1883
- Steinke. v. StateCourt of Criminal Appeals of Texas · 1893
- State v. PriestleySupreme Court of Missouri · 1881
- Marthall v. StateCourt of Criminal Appeals of Texas · 1894
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3Cited by5 opinions
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- State v. ShultsNew Mexico Supreme Court · 1938
- State v. WhittinghillUtah Supreme Court · 1945
- State v. ComposNew Mexico Supreme Court · 1952
- State v. NevilleNew Mexico Supreme Court · 1943