State v. . Sam

The question brought up in this case for review is whether a person of color, under 14 years of age, can be convicted of an assault with intent to commit a rape.

By the provisions of the Rev. Code, ch. 107, sec. 44 and ch. 34, sec. 5, the offense charged in the bill of indictment is declared to be a capital felony, and is therefore entitled to be considered under the safeguards which the law has thought proper of throw around human life.

By the common law persons between the ages of 7 and 14 may be convicted of most offenses if, added to the proof of the corpus delicti, there be proof also of…