People v. Gordon

The appeal in this case is from an order denying a new trial, and a judgment of conviction of assault with intent to commit rape.

The contention made by the appellant is that the court • below erred in refusing to instruct the jury,—

“1. To convict the defendant, you must find beyond a reasonable doubt that the assault, if any was committed, was committed by force and against the will, wish, and consent of Annie Jensen. ■

“2. An assault implies force on one side, and repulsion, or at least want of consent, upon the other.

*468“3. An assault upon a party who consents thereto is a legal absurdity and…