State v. Perkins
South Dakota Supreme Court
Appeal from Circuit Court, Lawrence County. Hon. Wieeiam G. Rice, Judge. The defendant, David Perkins, was convicted of the crime of assault with intent to commit rape, an'd he appeals. Accepting the evidence of the state as being absolutely true, we contend that there is not sufficient evidence for a jury to -say that the defendant intended to commit the crime of rape.
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Appeal from Circuit Court, Lawrence County. Hon. Wieeiam G. Rice, Judge. The defendant, David Perkins, was convicted of the crime of assault with intent to commit rape, an'd he appeals. Accepting the evidence of the state as being absolutely true, we contend that there is not sufficient evidence for a jury to -say that the defendant intended to commit the crime of rape. It is not the purpose of defendant to contend that it is necessary to have the consent of the assaulted, but it is the contention that there must be some evidence showing the intent to commit the crime charged, and though the…
1Opinion of the CourtGates, J.
The defendant, a married man, was convicted of assault with intent to commit rape upon a girl aged' seven years.
Assuming the evidence on behalf of the state to be true, it only showed that defendant placed his hand upon the private parts of the child and tickled her. There is an entire absence of facts indicating an intent on the part of the defendant to commit the offense charged. The intent is the gist of the offense. People v. Dowell, 136 Mich. 306, 99 N. W. 23; State v. Riseling, 186 Mo. 521, 85 S. W. 372; In re Lloyd, 51 Kan. 501, 33 Pac. 307; Hudson v. State, 49 Tex. Cr. App. 24, 90 S.…
2Cases cited5 opinions
- People v. DowellMichigan Supreme Court · 1904
- In re LloydSupreme Court of Kansas · 1893
- Hudson v. StateCourt of Criminal Appeals of Texas · 1905
- State v. RiselingSupreme Court of Missouri · 1905
- State v. KendallSupreme Court of Iowa · 1887
3Cited by6 opinions
- Hammond v. United StatesCourt of Appeals for the D.C. Circuit · 1942
- State v. WilsonWyoming Supreme Court · 1924
- State v. GillWest Virginia Supreme Court · 1926
- State v. CoramWest Virginia Supreme Court · 1935
- State v. PepkaSouth Dakota Supreme Court · 1949
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