Hays v. State
Mississippi Supreme Court
Error to the Circuit Court of Sumner County. Hon. W. CothraN, Judge. argued the case orally and filed a brief. Under the indictment the accused could be convicted of nothing more than an assault. It charged a felonious assault, but not a felonious ravishment. “ Feloniously did ravish ” are technical words and are indispensable in every indictment for rape. No other words can supply their place.
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Error to the Circuit Court of Sumner County. Hon. W. CothraN, Judge. argued the case orally and filed a brief. Under the indictment the accused could be convicted of nothing more than an assault. It charged a felonious assault, but not a felonious ravishment. “ Feloniously did ravish ” are technical words and are indispensable in every indictment for rape. No other words can supply their place. They are used in all the precedents, as well as the words “feloniously did assault.” 1 Arch. Cr. PI. & Pr. 999; Wharton Prec. Ind. & Pleas, 186 ; 1 Bish. Crim. Proc. § 559; 2 Bish. Crim. Proc. § 898,…
1Opinion of the CourtGeorge, C. J.
The plaintiff in error was indicted for rape, convicted, and sentenced to imprisonment in the Penitentiary for life. It is objected here that the indictment is not sufficient, because *786the ravishment is not charged to have been done feloniously. The indictmeht charges that the prisoner, “ with force and arms, in and upon one Nelly Edwards, a female over the age of ten years then being, violently and feloniously did make an assault, and her, the said Nelly Edwards, then and there forcibly and against her will, did then and there ravish and carnally know, against the peace, etc.”
The objection…
2Cases cited1 opinion
- Jesse v. StateMississippi Supreme Court · 1854
3Cited by3 opinions
- Patterson v. StateMississippi Supreme Court · 1921
- Wilson v. StateMississippi Supreme Court · 1969
- Bonner v. StateMississippi Supreme Court · 1887