State v. Bell
Supreme Court of Missouri
Appeal from. Shannon Circuit Court. — No». Wm. N. Evrns, Judge. A conviction of an assault, with intent to ravish, is erroneous, where the evidence discloses the perpetration of the intended crime. State v. Lacey, 111 Mo. 513; sec. 2361, R. S. 1899; State v. Scott, 172 Mo. 543. Defendant was charged with the crime of rape; hut, prior to the last trial, the prosecuting attorney elected to try him on the charge of assault with intent to rape.
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Appeal from. Shannon Circuit Court. — No». Wm. N. Evrns, Judge. A conviction of an assault, with intent to ravish, is erroneous, where the evidence discloses the perpetration of the intended crime. State v. Lacey, 111 Mo. 513; sec. 2361, R. S. 1899; State v. Scott, 172 Mo. 543. Defendant was charged with the crime of rape; hut, prior to the last trial, the prosecuting attorney elected to try him on the charge of assault with intent to rape. An entry to that effect was made of record, defendant was re-arraigned and pleaded not guilty to that charge. By the action of the prosecuting attorney…
1Opinion of the CourtGantt, J.
On February 18, 1904, the prosecuting attorney of Shannon county filed information in the office of the clerk of the circuit court of said county, duly verified, wherein he charged the defendant with having on the 20th of January, 1904, at the county of Shannon, in and upon one Alice Nichols, a female child under the age of fourteen years, unlawfully, violently and feloniously made an assault, and her, the said Alice Nichols, then and there unlawfully and feloniously did carnally know and abuse, against the peace and dignity of the State. The defendant was arrested, and at the March term,…
2Cases cited7 opinions
- State v. ShepardSupreme Court of Connecticut · 1828
- Polson v. StateIndiana Supreme Court · 1893
- People v. MillerMichigan Supreme Court · 1893
- State v. ScottSupreme Court of Missouri · 1903
- Hall v. PeopleMichigan Supreme Court · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. GadwoodSupreme Court of Missouri · 1938
- State v. KingMissouri Court of Appeals · 1979
- State v. BakerSupreme Court of Missouri · 1955
- State v. MasonSupreme Court of Missouri · 1929
- State v. McCafferySupreme Court of Missouri · 1910
2 more not listed; retrieve them via the Exa API.