State v. Urspruch
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — How. Daniel G. Taylor, Judge. The evidence is insufficient to sustain a conviction. To warrant a conviction for an assault to commit a rape the evidence must show that the defendant’s intention was, if it became necessary, to force compliance with his desire at all events, and regardless of any resistance the woman might make.
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Appeal from St. Louis City Circuit Court. — How. Daniel G. Taylor, Judge. The evidence is insufficient to sustain a conviction. To warrant a conviction for an assault to commit a rape the evidence must show that the defendant’s intention was, if it became necessary, to force compliance with his desire at all events, and regardless of any resistance the woman might make. State v. Burgdorf, 63 Mo. 65; State v. Priestly, 74 Mo-. 24; State v. Owsley, 102 Mo. 678; State v. Scholl, 130 Mo. 396. The evidence is sufficient to warrant the conviction. State v. "Wilcox, 111 Mo. 569; State v. Peebles,…
1Opinion of the CourtFox, J.
This case is here by appeal on the part of the defendant from a judgment of conviction in the circuit court of the city of St. Louis upon an indictment charging the defendant with assault with intent to ravish Christina Hamel. This indictment was returned by the grand jury of the city of St. Louis on May 12, 1904, and as the validity of it is not challenged, we deem it unnecessary to burden this opinion with a reproduction of it. On June 22nd, following the return of the indictment, defendant entered his plea of not guilty and was placed upon trial. The testimony on the part of the State is…
2Cases cited6 opinions
- State v. FosterSupreme Court of Missouri · 1893
- State v. DewittSupreme Court of Missouri · 1899
- State v. SmithSupreme Court of Missouri · 1905
- State v. WilliamsSupreme Court of Missouri · 1899
- State v. SchollSupreme Court of Missouri · 1895
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3Cited by5 opinions
- State v. PfeiferSupreme Court of Missouri · 1916
- State v. ComerSupreme Court of Missouri · 1922
- State v. NicholasSupreme Court of Missouri · 1909
- State v. ReedMissouri Court of Appeals · 1910
- State v. DouglasSupreme Court of Missouri · 1914