State v. Fontenot

It is charged in the indictment in this case that the defendant “feloniously, willfully, and unlawfully did make an assault upon Beulah Harris, and by force and violence against her will, and without her consent, the said Beulah Harris did rape, ravish, and carnally know, contrary to the form of the statute, etc.”

Defendant filed a motion to quash the indictment, on the ground that it fails to charge that the alleged crime was committed with felonious intent.

The motion was sustained, and the state has appealed.

1. Section 787 of the Revised Statutes of 1870 declares that—

“Whoever shall commit a…