Territory of Dakota v. Keyes
Supreme Court Of The Territory Of Dakota
Error to the district court of Davison county; Hon. Bartlett Tripp, Judge. All of the elements of the offense, and the means to effect the crime, must be charged. The use of the word “rape” is not sufficient. 5 Crim. Law Mag. 610; 2 Bish. Crim. Proc. 82, 976, n.; Bish. Div. & E. 803; 1 Buss. (7th Ed.) 693, 697. The proof must show that the defendant intended to use force to the extent of rape. Stephen v. State, 8 N. E. Bep. 94; 1 Bish. Crim. Law, 203, 733; 2 Bish. Crim.
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Error to the district court of Davison county; Hon. Bartlett Tripp, Judge. All of the elements of the offense, and the means to effect the crime, must be charged. The use of the word “rape” is not sufficient. 5 Crim. Law Mag. 610; 2 Bish. Crim. Proc. 82, 976, n.; Bish. Div. & E. 803; 1 Buss. (7th Ed.) 693, 697. The proof must show that the defendant intended to use force to the extent of rape. Stephen v. State, 8 N. E. Bep. 94; 1 Bish. Crim. Law, 203, 733; 2 Bish. Crim. Law, 979; 4 Crim. Law Mag. 274; Sanford v. State, 12 Tex. App. 125; Sadler v. State, 12 Tex. App. 194; Smith v. State, 80…
1Dissent
Francis, J.,
(dissenting.) In dissenting from the foregoing opinion, I shall not discuss the main questions brought under review in this case, and concerning which courts have expressed conflicting views, and shall only refer to one of the errors assigned, which seems to me, of itself, to warrant a reversal of the judgment below. The defendant may have been guilty of an assault, but not “with intent to commit a rape,” for which he was convicted. His act was a very degraded and beastly one, and, morally considered, he may be justly suffering punishment. But, legally considered, he is not, in my…
2Cases cited3 opinions
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- Robinson v. SmithCalifornia Supreme Court · 1859
- United States v. AdamsSupreme Court Of The Territory Of Dakota · 1880