People v. Toolate

PRESIDING JUSTICE WEBBER,

dissenting:

I respectfully dissent from the conclusion reached by my brothers that an intent to commit rape was proved beyond a reasonable doubt.

The facts demonstrate that the complainant was asleep in a bed with two children. She was awakened by someone touching her and discovered the defendant peering over the side of the bed. However bizarre the defendant’s conduct was, it falls far short of proving beyond a reasonable doubt that he entered the premises with the intent to commit rape. The origin of the touching is even subject to doubt; it might well have been…