Stevens v. People
Illinois Supreme Court
Writ op Error to the Circuit Court of Rock Island county; the Hon. Arthur A. Smith, Judge, presiding. This is an indictment against plaintiff in error for assault with intent to commit rape upon one Philomena Berkins. The jury, upon the trial of the case, returned a verdict of guilty, and fixed the punishment at one year in the penitentiary. Motions for new trial and in arrest of judgment were overruled, and judgment was rendered upon the verdict.
Read the full summary
Writ op Error to the Circuit Court of Rock Island county; the Hon. Arthur A. Smith, Judge, presiding. This is an indictment against plaintiff in error for assault with intent to commit rape upon one Philomena Berkins. The jury, upon the trial of the case, returned a verdict of guilty, and fixed the punishment at one year in the penitentiary. Motions for new trial and in arrest of judgment were overruled, and judgment was rendered upon the verdict. This writ of error is sued out for the purpose of reviewing such judgment. A motion was made before this court by plaintiff in error at the October…
1Opinion of the CourtJustice Magruder
The offense charged in this case is assault with intent to commit rape. “An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” (Rev. Stat. Crim. Code, chap. 38, div. 1, sec. 20). There is no doubt, that the plaintiff in error here was guilty of taking improper liberties with the prosecutrix, but, upon the question whether he was guilty of an assault upon her with a felonious intent to have carnal knowledge of her by force and against her will, the case is an exceedingly close one. In Barr v. People, 113 Ill. 471, we said, in…
2Cases cited13 opinions
- Baccio v. . the PeopleNew York Court of Appeals · 1869
- Hoge v. PeopleIllinois Supreme Court · 1886
- State v. JonesSupreme Court of Missouri · 1875
- Gifford v. PeopleIllinois Supreme Court · 1893
- Thompson v. StateIndiana Supreme Court · 1871
8 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- The People v. DavisIllinois Supreme Court · 1957
- People v. CanaleIllinois Supreme Court · 1972
- Chicago City Railway Co. v. BundyIllinois Supreme Court · 1904
- People v. BrownAppellate Court of Illinois · 1968
- State v. GriffinWashington Supreme Court · 1906
20 more not listed; retrieve them via the Exa API.