Williams v. State
Supreme Court of Arkansas
Appeal from Lonoke Circuit .Court; Bugene Bankford, Judge; 1. No assault of any kind was proved; no intent was shown, nor any “present ability” nor “unlawful attempt” to commit a crime of any kind proved. Kirby’s Digest, § 1583; 49 Ark. 179, 182; 77 Id. 39; 43 Tex. 576. Under our statute defining an assault as construed in 77 Ark. 37, the crime of assault with intent to rape is not established. Error is confessed.
1Opinion of the CourtHart, J.
At the August term, 1908, of the Lonoke Circuit Court, the grand jury returned an indictment in due form against Sam Williams, charging him with assault with intent to commit rape upon Beryl Shadle. He was tried and convicted at the same term of the court. His punishment was fixed at a term of three years in the State penitentiary, which he is now serving, pending his appeal to this court.
Miss Beryl Shadle, the prosecuting witness, testified as follows : “I live at England, Lonoke County, Arkansas. On July 27th, 1908, I was living on Plum Bayou some seven or eight miles southeast of England,…
2Cases cited1 opinion
- Anderson v. StateSupreme Court of Arkansas · 1905
3Cited by4 opinions
- Snetzer v. StateSupreme Court of Arkansas · 1926
- Jones v. StateSupreme Court of Arkansas · 1909
- Tyra v. StateSupreme Court of Arkansas · 1915
- Vaughan v. McDanielSupreme Court of Arkansas · 1909