Ross v. State
Wyoming Supreme Court
Error to the District Court, Sheridan County, Hon-. Carroll H. Parmelee, Judge. Assault with intent to commit rape upon a girl under the statutory age of consent. The defendant, Charles Ross, was convicted, and prosecuted error. The facts are stated in the opinion. The evidence is not sufficient to sustain the verdict.
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Error to the District Court, Sheridan County, Hon-. Carroll H. Parmelee, Judge. Assault with intent to commit rape upon a girl under the statutory age of consent. The defendant, Charles Ross, was convicted, and prosecuted error. The facts are stated in the opinion. The evidence is not sufficient to sustain the verdict. The instruction that an attempt to carnally know a female child under the age of six years, whether with or without her consent, is an attempt to do a violent injury to such child was error. There is no such crime in this state. The crime of rape implies force and resistance;…
1Opinion of the Court
Scott, Justice.
Plaintiff in error, (defendant below) was charged, tried and found guilty of an assault upon the person of a female child under the age of eighteen years with the intent to commit rape. His motion for a new trial was overruled and judgment was pronounced against him, sentencing him to a term of years in the penitentiary, and he brings error.
1. When the State rested its case the defendant moved the court to instruct the jury to return a verdict in his favor on the ground that the evidence was insufficient to convict. The motion was overruled and such ruling is here assigned as'…
2Cases cited38 opinions
- Dickson v. WaldronIndiana Supreme Court · 1893
- People v. McDonaldMichigan Supreme Court · 1861
- Commonwealth v. RoosnellMassachusetts Supreme Judicial Court · 1886
- Croomes v. StateCourt of Criminal Appeals of Texas · 1899
- Hanes v. StateIndiana Supreme Court · 1900
33 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Beausoliel v. United StatesCourt of Appeals for the D.C. Circuit · 1939
- Scadden v. StateWyoming Supreme Court · 1987
- Jahnke v. StateWyoming Supreme Court · 1984
- Oldham v. StateWyoming Supreme Court · 1975
- Commonwealth v. SlaneyMassachusetts Supreme Judicial Court · 1962
29 more not listed; retrieve them via the Exa API.