Lewis v. State
Supreme Court of Alabama
From the Circuit Court of Dallas. Tried before the Hon. Bobert Dougherty. The indictment in this case charged, that the prisoner, who was a slave,-“did forcibly ravish, or attempt forcibly to ravish, Letitia Boltze, a white female.”
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From the Circuit Court of Dallas. Tried before the Hon. Bobert Dougherty. The indictment in this case charged, that the prisoner, who was a slave,-“did forcibly ravish, or attempt forcibly to ravish, Letitia Boltze, a white female.” The^rose-cutrix testified, in substance, that after she had gone to bed, on the night of the alleged assault, she was awakened by some one rubbing his face against hers; that the person then had one leg over her, with his right arm across her breast, and her clothes raised above her knees; that she at first supposed it was her husband, who usually came to bed…
1Opinion of the CourtStone, J.
It is settled by a chain of adjudication, too long and unbroken to be now shaken, that force is a necessary ingredient in the crime of rape. — Bishop on Grim. Law, § 411. The only relaxation of this rule is, that this force may be constructive. Under this relaxation, it has been held, that where the female was an idiot, or had been rendered insensible by the use of drugs or intoxicating drinks, and, in one case, where she was under the age of ten years, she was incapable of consenting, and the law implied force. — Rex v. Ryan, 2 Cox’s C. C., 115; Commonwealth v. Fields, 4 Leigh, 648; The…
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- Commonwealth v. StephensSuperior Court of Pennsylvania · 1940
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