Territory of Dakota v. Keyes
Supreme Court Of The Territory Of Dakota
Error to the district court of Davison county; Hon. Bartlett Tripp, Judge. All of the elements of the offense, and the means to effect the crime, must be charged. The use of the word “rape” is not sufficient. 5 Crim. Law Mag. 610; 2 Bish. Crim. Proc. 82, 976, n.; Bish. Div. & E. 803; 1 Buss. (7th Ed.) 693, 697. The proof must show that the defendant intended to use force to the extent of rape. Stephen v. State, 8 N. E. Bep. 94; 1 Bish. Crim. Law, 203, 733; 2 Bish. Crim.
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Error to the district court of Davison county; Hon. Bartlett Tripp, Judge. All of the elements of the offense, and the means to effect the crime, must be charged. The use of the word “rape” is not sufficient. 5 Crim. Law Mag. 610; 2 Bish. Crim. Proc. 82, 976, n.; Bish. Div. & E. 803; 1 Buss. (7th Ed.) 693, 697. The proof must show that the defendant intended to use force to the extent of rape. Stephen v. State, 8 N. E. Bep. 94; 1 Bish. Crim. Law, 203, 733; 2 Bish. Crim. Law, 979; 4 Crim. Law Mag. 274; Sanford v. State, 12 Tex. App. 125; Sadler v. State, 12 Tex. App. 194; Smith v. State, 80…
1Opinion of the CourtMcCoNNEll, J.
The defendant in the court below was tried and convicted under an indictment charging him with the crime of assault with intent to rape a female child under the age of 10 years. Motions for a new trial and in arrest of judgment were made and overruled, and the defendant was sentenced to the penitentiary for the term of three years and six months. The defendant brings the case to this court for review upon a writ of *248error, and makes several assignments of error. We will consider each in the order presented.
1. It is urged that the indictment is not sufficient to charge a public offense. The…
2Cases cited18 opinions
- Vicksburg & Meridian Railroad v. PutnamSupreme Court of the United States · 1886
- People v. GageMichigan Supreme Court · 1886
- People v. McDonaldMichigan Supreme Court · 1861
- State v. De WolfSupreme Court of Connecticut · 1830
- Kunkle v. StateIndiana Supreme Court · 1869
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3Cited by17 opinions
- State v. CarnagySupreme Court of Iowa · 1898
- Ross v. StateWyoming Supreme Court · 1908
- Lee v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Liebscher v. StateNebraska Supreme Court · 1903
- United States v. Thomas Duane DavisCourt of Appeals for the Eighth Circuit · 1970
12 more not listed; retrieve them via the Exa API.