State v. Gaul
Supreme Court of Connecticut
Indictment for rape; in the Superior Court. Tried to the jury before Beardsley, J. Verdict guilty; motion in hrrest of judgment for the insufficiency of the indictment-; motion overruled, and appeal by the defendant to this court. The case is fully stated in the opinion.
1Opinion of the CourtGranger, J.
The defendant was convicted in the Superior Court of a rape upon the person of one Lucy Bates, and after a motion in arrest for the insufficiency of the indictment had been overruled, he appealed to this court on the same ground.
The indictment is in the usual form for that offense at common law as well as under our statute, except in that it alleges that the act was done “ against her will,” instead of “ against her will and consent,” which the defendant contends are not equivalent, and that a distinct allegation of the want of consent is indispensable. But we cannot regard this fuller…
2Cited by3 opinions
- Fowler v. StateCourt of Criminal Appeals of Texas · 1912
- Rookey v. StateSupreme Court of Connecticut · 1897
- Moore v. StateCourt of Appeals of Texas · 1886