Williams v. State
Ohio Supreme Court
This is a writ of error to the court of common pleas of Franklin county. The record shows that the plaintiff, in the court below, had been prosecuted in that court for a rape. The indictment contains two counts, one for commission of a rape, the other for an assault, with intent to eommit a rape. The cause was tried by a jury, and the plaintiff found guilty of an attempt to commit a rape, and not guilty as to the other count.
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This is a writ of error to the court of common pleas of Franklin county. The record shows that the plaintiff, in the court below, had been prosecuted in that court for a rape. The indictment contains two counts, one for commission of a rape, the other for an assault, with intent to eommit a rape. The cause was tried by a jury, and the plaintiff found guilty of an attempt to commit a rape, and not guilty as to the other count. The bill of exceptions, disclosing the errors complained of, is as follows: “ Be it remembered that, on the trial of this cause, the defendant produced evidence tending…
1Opinion of the CourtRead, J.
Our statute fixes no age within which a person is incapable of committing or attempting to commit the crime of rape, the common law presuming that an infant, under the age of fourteen years, is unable to commit the crime of rape, and therefore he can not be guilty of-it, or of an assult with intent to commit a rape; and, if he be under that age, no evidence is admissible to show that, in point of fact, he could commit the crime. This has been the established law of England for many hundred years, nor has it been departed from in the United States, except in a single instance in the State of…
2Cited by11 opinions
- United States v. Safeway Stores, Inc.Court of Appeals for the Tenth Circuit · 1944
- State v. SurmaWisconsin Supreme Court · 1953
- Moore v. PalmerWashington Supreme Court · 1896
- Bell v. BrewsterOhio Supreme Court · 1887
- Bergin v. StateOhio Supreme Court · 1876
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