Jones v. State
Supreme Court of Alabama
From the City Court of Mobile. Tried before the Hon. O. J. Semmes. Indictment against Joseph Jones, a negro, for an assault with intent to commit a rape on the person of Mrs. Pritchard. The substance of the evidence is stated in the opinion of the court.
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From the City Court of Mobile. Tried before the Hon. O. J. Semmes. Indictment against Joseph Jones, a negro, for an assault with intent to commit a rape on the person of Mrs. Pritchard. The substance of the evidence is stated in the opinion of the court. The defendant requested the court to charge the jury, “ that if they believed the evidence, they ought not to find him guilty of an assault with intent to rape;” also, “that under the evidence in this case, they can not find him guilty of an assault with intent to rape.” The court refused each of these charges, and the defendant excepted to…
1Opinion of the CourtClopton, J.
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Under the penal statutes of this State, when the female is not an imbecile, or is not rendered unconscious, or bodily weak, by the administration of any drug or other substance, or is not deceived by false personation of her husband, or is not under ten years of age, force is an essential element of the offense of rape. — Code, §§3736-3740; Larkins v. State, 58 Ala. 376. And on a charge of an assault with intent to commit rape, the evidence, to be sufficient to justify the conviction, should show such acts and conduct of the accused, that there is no reasonable doubt of his intention to…
2Cases cited3 opinions
- State v. . MasseySupreme Court of North Carolina · 1882
- Lewis v. StateSupreme Court of Alabama · 1860
- Dawkins v. StateSupreme Court of Alabama · 1877
3Cited by31 opinions
- State v. ParishSupreme Court of Louisiana · 1981
- Pumphrey v. StateSupreme Court of Alabama · 1908
- State v. NeilIdaho Supreme Court · 1907
- State v. ThompsonNevada Supreme Court · 1909
- Curry v. StateAlabama Court of Appeals · 1929
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