State v. Jones
Supreme Court of Louisiana
PPEAL from tbe First District Court, Parish of C iddo. Hieles, J. The court may instruct the jury to try the ease according to the law, the evidence and their experience. Bishop’s Criminal Procedure, vol. 1, see. 982. ' The presumption of the common law. that an infant under the age of fourteen years is absolutely incapable of committing the crime of rape, does not prevail in America.
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PPEAL from tbe First District Court, Parish of C iddo. Hieles, J. The court may instruct the jury to try the ease according to the law, the evidence and their experience. Bishop’s Criminal Procedure, vol. 1, see. 982. ' The presumption of the common law. that an infant under the age of fourteen years is absolutely incapable of committing the crime of rape, does not prevail in America. Modified to our own circumstances and conditions, the law is: An infant under the age of fourteen years is'presumed to be incapable of commit ting the crime of rape, or an attempt to commit it; I?pt that…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
The defendant waR indicted under section 854 of the Revised Statutes for entering the dwelling-house of one Gilliland in the night-time, without breaking, with intent to commit a rape.
The record presents two bills of exceptions, viz :
1st. To the judge’s refusal to give the following charge: “If the jury find from the evidence that the defendant, at the time of the offense charged, was under fourteen years of age, he is in law conclusively presumed to have been physically incapable’ of committing the crime charged in the indictment, and is…
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