State v. Vorey
Supreme Court of Minnesota
The defendant was tried in the district court for Clay county, before Mills,'J., on an indictment for rape which charged that “the said Major Yorey, on the 7th day of October, A. D. 1888, in the county of Clay and state of Minnesota, did feloniously, against the will and without the consent of * * * , a female above the age of 50 years and not the wife of said Major Yorey, forcibly ravish said * * * , and have illicit intercourse with her, said * * * , when her resistance…
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The defendant was tried in the district court for Clay county, before Mills,'J., on an indictment for rape which charged that “the said Major Yorey, on the 7th day of October, A. D. 1888, in the county of Clay and state of Minnesota, did feloniously, against the will and without the consent of * * * , a female above the age of 50 years and not the wife of said Major Yorey, forcibly ravish said * * * , and have illicit intercourse with her, said * * * , when her resistance was prevented by fear of immediate and great bodily harm then and there imminent, which she, said * * * , had reasonable…
1Opinion of the CourtMitchell, J.
Under Penal Code, § 235, there are five several distinct acts or ways by which a person may commit the crime of rape, the second of which is when the resistance of the female is overcome by force, and the third “when her resistance is prevented by fear of immediate and great bodily harm which she has reasonable cause to *136believe will be inflicted upon her.” The indictment should charge the acts constituting the alleged rape so as to advise the'accused in which one of these different ways he is charged with having committed the crime. State v. Henn, 39 Minn. 464; (40 N. W. Rep. 564;) People v.…
2Cases cited3 opinions
- People v. . DumarNew York Court of Appeals · 1887
- People v. . DimickNew York Court of Appeals · 1887
- State v. HennSupreme Court of Minnesota · 1888
3Cited by10 opinions
- State v. DeVerneySupreme Court of Minnesota · 1999
- State v. FarringtonSupreme Court of Minnesota · 1894
- State v. TaranSupreme Court of Minnesota · 1929
- State v. BancroftNorth Dakota Supreme Court · 1912
- State v. FallonNorth Dakota Supreme Court · 1892
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