Rollins v. State

Dissenting Opinion

White, J.

I would concur in affirming the sentence for assault and battery with intent to gratify sexual desires if I were ponvinced that whenever a man commits an unsatisfactorily explained assault and battery on a fourteen-year-old girl the jury may .infer that he did so with intent to gratify sexual desires.

Each item in the catalogue of evidentiary facts the majority holds sufficient to support the inference is consistent with any of the many human emotions which from time to time move some people to attack others. Only two items suggest sexual intent: (1) staring at a…