Legal Opinion

State v. Sullivan

Supreme Court of Vermont

Decided January 15, 1896PublishedCited by 10 opinions

Indictment for an assault with intent to commit rape. Pléa, not guilty. Trial by jury at the September term, 1895, Munson, J., presiding. Verdict, guilty. The person upon whom the assault was alleged to have been made was a girl nine years of age named Bessie Pomeroy. The respondent was engaged upon the day of the assault in driving a delivery wagon for the Cash Store in St. Albans.

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Indictment for an assault with intent to commit rape. Pléa, not guilty. Trial by jury at the September term, 1895, Munson, J., presiding. Verdict, guilty. The person upon whom the assault was alleged to have been made was a girl nine years of age named Bessie Pomeroy. The respondent was engaged upon the day of the assault in driving a delivery wagon for the Cash Store in St. Albans. The evidence of the state tended to show that the respondent asked Bessie and several other girls to ride with him upon the delivery wagon, that after a time they came back to the Cash Store and stopped there ;…

1Opinion of the CourtThompson, J.

The respondent was convicted of an assault with intent unlawfully and feloniously, carnally to know and ravish a female child under the age of fourteen years. The information is in the usual form for an assault to commit rape, with the exception that it alleges that the person assaulted is a female child under the age of fourteen years. At the time of the assault she was nine years old. The evidence tended to show that the respondent assaulted her with intent to carnally know her with her consent. He now contends that the conviction cannot stand because the information alleges that he…

2Cases cited1 opinion

  1. State v. WheatSupreme Court of Vermont · 1890

3Cited by10 opinions

  1. State v. . SmithSupreme Court of North Carolina · 1911
  2. State v. HazeltonSupreme Court of Vermont · 2006
  3. State v. KnightenOregon Supreme Court · 1901
  4. State v. TippensWest Virginia Supreme Court · 1922
  5. State v. Shawn BellangerSupreme Court of Vermont · 2018

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