Hunt v. State
Supreme Court of Arkansas
Appeal from Greene Circuit Court, Second Division; W. J. Driver, Judge; 1. Tbe court erred in its charge to tbe jury defining. tbe crime of assault with intent to commit rape, in omitting from sucb definition the necessary element of present ability to commit the offense. Under the rule prevailing in this State, there can be no assault without, first, an attempt, aud, second, present ability to carry the attempt into effect.
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Appeal from Greene Circuit Court, Second Division; W. J. Driver, Judge; 1. Tbe court erred in its charge to tbe jury defining. tbe crime of assault with intent to commit rape, in omitting from sucb definition the necessary element of present ability to commit the offense. Under the rule prevailing in this State, there can be no assault without, first, an attempt, aud, second, present ability to carry the attempt into effect. Kirby’s Dig., § 1583; Id., % 2009. The crime of rape can not be committed by one not legally or physically able to commit the offense. Where one is impotent, either as a…
1Opinion of the CourtMcCulloch, C. J.
This is an appeal from the judgment of conviction of the crime of assault with intent to commit rape. Appellant was seventy-four years of age at the time the crime was alleged to have been committed, and the accusation is that the assault was made upon a young woman in the city of Paragould.
The testimony is conflicting, but is sufficient to warrant the finding that he made the assault with intent to have carnal knowledge of said female forcibly and against her will.
The evidence of the injured female is that she resisted successfully, and that the appellant finally desisted before the…
2Cases cited4 opinions
- Hollingsworth v. StateSupreme Court of Arkansas · 1890
- Vance v. StateSupreme Court of Arkansas · 1902
- Benton v. StateSupreme Court of Arkansas · 1906
- Pratt v. StateSupreme Court of Arkansas · 1887
3Cited by27 opinions
- Gardner v. StateSupreme Court of Arkansas · 1978
- Shinn v. StateSupreme Court of Arkansas · 1921
- Williams v. United StatesCourt of Appeals for the Eighth Circuit · 1924
- Jordan v. StateSupreme Court of Arkansas · 1920
- Sneed v. StateSupreme Court of Arkansas · 1923
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