Legal Opinion

Anderson v. State

Supreme Court of Arkansas

Decided November 4, 1905PublishedCited by 21 opinions

Appeal from Miller Circuit Court; JoEL D. Conway, Judge; To sustain the charge of assault with intent to rape, it is necessary to prove such acts as show an intent to obtain carnal knowledge of the female forcibly and against her will. 8 Ark. 400; 11 Ark. 390; 13 Ark. 360; 29 Ark. x 16; 32 Ark. 702; 63 Ark. 470. The assault is not denied, and the jury have passed upon the intent.

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Appeal from Miller Circuit Court; JoEL D. Conway, Judge; To sustain the charge of assault with intent to rape, it is necessary to prove such acts as show an intent to obtain carnal knowledge of the female forcibly and against her will. 8 Ark. 400; 11 Ark. 390; 13 Ark. 360; 29 Ark. x 16; 32 Ark. 702; 63 Ark. 470. The assault is not denied, and the jury have passed upon the intent. The fact that defendant, after forming the intent and making the assault, abandoned his purpose of his own accord is no defense. 86 Va. 382; 43 Neb. 30; 67 Ga. 349.

1Opinion of the CourtBattle, J.

A. little girl about ten years old, named Pearl Bond, left her home at Judsonia, in this State, in April, 1905, to visit relatives at Weatherford, Texas. She was placed in care of the conductor of the train on which she took passage. At Texa.rkana, Ark., she changed cars. When she arrived there, the conductor placed her in charge of one of the employees of the railroad company, with instructions to put her on the next train for Weatherford, Texas. While waiting for that train, she went to sleep. When she woke, Charles Anderson was sitting by her side. She says: “He asked me my name, and where…

2Cases cited2 opinions

  1. Johnson v. StateTexas Supreme Court · 1875
  2. Pratt v. StateSupreme Court of Arkansas · 1887

3Cited by21 opinions

  1. State v. GillWest Virginia Supreme Court · 1926
  2. Frederick v. StateSupreme Court of Arkansas · 1975
  3. United States v. BerryUnited States Court of Military Appeals · 1956
  4. Wooten v. StateCourt of Appeals of Arkansas · 1990
  5. Johnson v. StateSupreme Court of Arkansas · 1918

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