Legal Opinion

Anderson v. State

Mississippi Supreme Court

Decided October 15, 1903PublishedCited by 22 opinions

From the circuit court of Yazoo county. Hon. Robert Powell, Judge. • Anderson, appellant, was indicted, tried and convicted of rape, and appealed to the supreme court. The facts, as stated by the prosecutrix, were in substance as follows: “I was going along about twelve o’clock. I was afraid.

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From the circuit court of Yazoo county. Hon. Robert Powell, Judge. • Anderson, appellant, was indicted, tried and convicted of rape, and appealed to the supreme court. The facts, as stated by the prosecutrix, were in substance as follows: “I was going along about twelve o’clock. I was afraid. I knew there was a man behind me, and the faster I walked the faster he walked, and he said, ‘Old lady, I want some.’ I said, ‘I have not anything for you.’ He took my stick out of my hand, and told me to cock my leg up, and put it in. He laid me down by the side of a bush, and said, ‘Put it in.’ He told…

1Opinion of the CourtTruly, J.

Appellant was convicted of rape, and appeals. The first instruction for the state tells the jury that if they believe that the defendant forcibly and against the will of the prosecutrix carnally knew her, then he was guilty as charged, and the jury should so find; and “this is true whether you believe from the evidence that she made any active resistance to his assault upon her or not.” This is tantamount to telling the jury that mere passive resistance, silent objection, on the part of the assaulted female, is sufficient to justify a jury in convicting of rape. *787Under the facts developed,…

2Cases cited2 opinions

  1. Ashford v. StateMississippi Supreme Court · 1902
  2. Brown v. StateMississippi Supreme Court · 1895

3Cited by22 opinions

  1. Carr v. StateMississippi Supreme Court · 1968
  2. Leatherwood v. StateMississippi Supreme Court · 1989
  3. Williams v. StateMississippi Supreme Court · 1983
  4. Veasley v. StateMississippi Supreme Court · 1999
  5. Brock v. StateMississippi Supreme Court · 1988

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