Broaddus v. Commonwealth
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Page- county. In this case the accused was convicted of an attempt to commit rape under an indictment, which, omitting its formal beginning, is as follows: “* * j0hn Broaddus heretofore, to-wit, on the 2nd day of November, 1918, in the said county, with force and arms, in and upon one Nellie Richards, a female of the age of eighteen years, violently and feloniously did make an assault and her, the said Nellie Richards, feloniously…
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Error to a judgment of the Circuit Court of Page- county. In this case the accused was convicted of an attempt to commit rape under an indictment, which, omitting its formal beginning, is as follows: “* * j0hn Broaddus heretofore, to-wit, on the 2nd day of November, 1918, in the said county, with force and arms, in and upon one Nellie Richards, a female of the age of eighteen years, violently and feloniously did make an assault and her, the said Nellie Richards, feloniously did attempt to ravish and carnally know against her will and by force against the peace and dignity of the…
1Opinion of the Court
Sims, J.,
after making :the foregoing statement, delivered the following opinion of the court.
The assignments of error raise the questions which will be disposed of in their order as stated below:.
1st. Is the indictment insufficient in that it does not specifically charge that the assault was made “with the intent” to ravish and carnally know the prosecutrix against her will and by force ?
This precise question seems not to have been expressly decided in Virginia. It is, however, in principle^ free- from difficulty, and, as we shall see, the question has been ruled in the negative by analogous…
2Cases cited20 opinions
- Glover v. CommonwealthSupreme Court of Virginia · 1889
- Lewis v. StateSupreme Court of Alabama · 1860
- Johnson v. StateSupreme Court of Georgia · 1853
- State v. MarcksSupreme Court of Missouri · 1897
- Scott v. PeopleIllinois Supreme Court · 1892
15 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. HuffmanWest Virginia Supreme Court · 1955
- Merritt v. CommonwealthSupreme Court of Virginia · 1935
- Johnson v. CommonwealthSupreme Court of Virginia · 1968
- Astwood v. United StatesCourt of Appeals for the Eighth Circuit · 1924
- Martin v. CommonwealthSupreme Court of Virginia · 1954
6 more not listed; retrieve them via the Exa API.