State v. Riseling
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — How. Jos. D. Perkins, Judge. (1) Tbe information does not charge any offense for tbe reason that it does not charge that the assault was made forcibly and against the will of the prosecutrix. Smith v. State, 80 Am. Dec. 358; Harden v. State, 46 S. W. 807. (2) The intent with which the assault is committed must be the specific intent to rape, and the evidence must show the intent of defendant beyond a reasonable doubt. 23 Am. and Eng.
Read the full summary
Appeal from Jasper Circuit Court. — How. Jos. D. Perkins, Judge. (1) Tbe information does not charge any offense for tbe reason that it does not charge that the assault was made forcibly and against the will of the prosecutrix. Smith v. State, 80 Am. Dec. 358; Harden v. State, 46 S. W. 807. (2) The intent with which the assault is committed must be the specific intent to rape, and the evidence must show the intent of defendant beyond a reasonable doubt. 23 Am. and Eng. Ency Law (2 Ed.), 865; State v. Owsley, 102 Mo. 678. Mere solicitation does not constitute an intent to rape. There is not…
1Opinion of the CourtFox, J.
— At the April term, 1904, of the Jasper County Circuit Court, the prosecuting attorney of said court filed in said circuit court an information, duly verified, charging defendant with an assault with intent to carnally know and abuse, which is as follows:
“Comes now Andrew H. Redding, the prosecuting attorney within and for the county of Jasper and State of Missouri, and as such prosecuting attorney informs the court that Edward C. Riseling, on the sixteenth day of February, 1904, at the county of Jasper and State of Missouri, in and upon one Neta Fisher, a female child under the age of…
2Cases cited10 opinions
- Croomes v. StateCourt of Criminal Appeals of Texas · 1899
- Rainey v. StateCourt of Criminal Appeals of Texas · 1899
- Murphy v. StateIndiana Supreme Court · 1889
- State v. WraySupreme Court of Missouri · 1891
- State v. MeinhartSupreme Court of Missouri · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. GillWest Virginia Supreme Court · 1926
- State v. RodenMissouri Court of Appeals · 1984
- State v. AllisonSouth Dakota Supreme Court · 1910
- State v. MortensenUtah Supreme Court · 1938
- State v. PerkinsSouth Dakota Supreme Court · 1913
4 more not listed; retrieve them via the Exa API.