State v. Charley Lung
Nevada Supreme Court
Appeal from the District Court of the state of Nevada, Humboldt county. A. E. Gheney, District Judge. The facts sufficiently appear in the opinion. I. Iu an indictment for an attempt to commit a crime it is essential to aver that the defendant did some act which directed by a particular intent, to be averred, would have apparently resulted in the ordinary and likely course of things in a particular crime. (Wharton’s Crim. Law,- 9th Ed., Yol. 1, p. 192.) II.
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Appeal from the District Court of the state of Nevada, Humboldt county. A. E. Gheney, District Judge. The facts sufficiently appear in the opinion. I. Iu an indictment for an attempt to commit a crime it is essential to aver that the defendant did some act which directed by a particular intent, to be averred, would have apparently resulted in the ordinary and likely course of things in a particular crime. (Wharton’s Crim. Law,- 9th Ed., Yol. 1, p. 192.) II. The indictment does not charge that the alleged mingling and mixing of a certain quantity of cantharides with certain coffee was done…
1Opinion of the Court
By the- Court,
Bigelow, J.:
The defendant is qharged with an attempt to commit rape. Rape is defined by our statute to be the carnal knowledge of a woman forcibly and against her will. Force is a necessary ingredient in the commission of the offense, except where committed upon a child under the age of consent-. (State v. Pickett, 11 Nev. 255.) The only qualification to this rule is that the force may be constructive. (Lewis v. State, 30 Ala. 54.) This constructive force has been held to exist where the defendant had violated the woman’s person after she became insensible from intoxicating…
2Cases cited18 opinions
- State v. WilsonSupreme Court of Connecticut · 1862
- People v. MurrayCalifornia Supreme Court · 1859
- Commonwealth v. BurkeMassachusetts Supreme Judicial Court · 1870
- Commonwealth v. StrattonMassachusetts Supreme Judicial Court · 1873
- McQuirk v. StateSupreme Court of Alabama · 1887
13 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- State v. MoormanSupreme Court of North Carolina · 1987
- Rahke v. StateIndiana Supreme Court · 1907
- Darnell v. StateNevada Supreme Court · 1976
- State v. RodriguezNevada Supreme Court · 1909
- State v. VerganadisNevada Supreme Court · 1926
21 more not listed; retrieve them via the Exa API.