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
on petition j?or rehearing.
2Per curiam
The plaintiff in error has filed a petition for rehearing.
It is here urged that the court misconstrued the evidence when it said in the opinion filed that the evidence tended to show that the bench to which the defendant took the little girl was out of sight of the little boys who were playing in that vicinity. The mother of the little girl so testified, and it may be that this statement was untrue or that she was mistaken. But even so the jury may well have inferred that the defendant felt secure though but a short distance from where he could have been seen by…
3Cases cited11 opinions
- Horn v. StateWyoming Supreme Court · 1903
- First National Bank of Rock Springs v. LudvigsenWyoming Supreme Court · 1899
- Koppala v. StateWyoming Supreme Court · 1907
- Boulter v. StateWyoming Supreme Court · 1895
- Hogan v. PetersonWyoming Supreme Court · 1899
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