State v. Truitt
New York Court of General Session of the Peace
Indictment for Assault with Intent to Commit Rape. ... At the trial, one Celestine Lito, the prosecuting witness, testifled that on the fifth day of July, 1905, between eight and nine o’clock in the evening, while she was driving from her home to the town of Marydel, she saw a person lying across the road and stopped her horse, got out and told the person (who proved to be the defendant Truitt whom she knew) to get over on the side of the road, as he was in danger, if he…
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Indictment for Assault with Intent to Commit Rape. ... At the trial, one Celestine Lito, the prosecuting witness, testifled that on the fifth day of July, 1905, between eight and nine o’clock in the evening, while she was driving from her home to the town of Marydel, she saw a person lying across the road and stopped her horse, got out and told the person (who proved to be the defendant Truitt whom she knew) to get over on the side of the road, as he was in danger, if he remained where he was, of being run over; that after she had induced Truitt to move from his positian to the side of the…
1Opinion of the Court
Pennewill, J.,
charging the jury :
Gentlemen of the jury :—The prisoner at the bar, Joseph Irvin Truitt, is charged in this indictment with having committed, on the fifth day of July of the present year, an assault upon one Celestine Lito, with intent her the said Celestine Lito to ravish and carnally know.
This indictment is based upon a statute of this State which *469provides, “ That if any person shall, with violence, assault any female with intent to commit rape, such person shall be deemed guilty of felony,” etc. And the charge embraces, as you have doubtless observed, not only an assault but…
2Cited by7 opinions
- James W. Parker v. United StatesCourt of Appeals for the D.C. Circuit · 1966
- Wyant v. StateSupreme Court of Delaware · 1986
- State v. QuigleySupreme Judicial Court of Maine · 1938
- State v. BrewingtonNew York Court of General Session of the Peace · 1910
- State v. HamburgNew York Court of General Session of the Peace · 1928
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