State v. Neil
Idaho Supreme Court
APPEAL from District Court of Fifth Judicial District, for Bear Lake County. Hon. Alfred Budge, Judge. Appellant was convicted of the crime of assault with intent to commit rape, and sentenced to serve a term of ten years in the state penitentiary. He appealed from the judgment and order denying his motion for a new trial.
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APPEAL from District Court of Fifth Judicial District, for Bear Lake County. Hon. Alfred Budge, Judge. Appellant was convicted of the crime of assault with intent to commit rape, and sentenced to serve a term of ten years in the state penitentiary. He appealed from the judgment and order denying his motion for a new trial. The prosecutrix is required to resist to the utmost from the beginning to the end, and this must be positive resistance; no equivocal opposition will be permitted. (He Voy v. State. 122 Wis. 148, 99 N. W. 455; Posey v'. State, 143 Ala. 54, 38 South. 1019; Connors v. State,…
1Opinion of the CourtAilshie, C. J.
Appellant was convicted of the crime of assault with intent to commit rape, and was sentenced to serve a term of ten years in the state penitentiary. He has *544appealed from the judgment and an order denying his motion for a new trial.
The assignments of error will be considered under four general divisions: 1. The order overruling defendant’s demurrer to the information; 2. The sufficiency or insufficiency of the evidence to support the verdict and judgment; 3. Errors alleged as having been committed in the admission and rejection of evidence offered; 4. The instructions given to the jury, and…
2Cases cited12 opinions
- State v. BondIdaho Supreme Court · 1906
- Jones v. StateSupreme Court of Alabama · 1891
- State v. RiceIdaho Supreme Court · 1901
- People v. FlemingCalifornia Supreme Court · 1892
- State v. FowlerIdaho Supreme Court · 1907
7 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- State v. RamirezIdaho Supreme Court · 1921
- Hammond v. United StatesCourt of Appeals for the D.C. Circuit · 1942
- State v. JurkoIdaho Supreme Court · 1926
- People v. NorringtonCalifornia Court of Appeal · 1921
- State v. LinebargerIdaho Supreme Court · 1951
34 more not listed; retrieve them via the Exa API.