Bonner v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Perry County. Hon. S. ,H. Terral, Judge. The case is stated in the.opinion of the Court. Granting the indictment to be good, then very clearly it is good only under Code, Section 2713, construed together with the latter clause — not the first clause — of Code, Section 291$. In other words, under this indictment the age of the female cuts no figure.
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Appeal from the Circuit Court of Perry County. Hon. S. ,H. Terral, Judge. The case is stated in the.opinion of the Court. Granting the indictment to be good, then very clearly it is good only under Code, Section 2713, construed together with the latter clause — not the first clause — of Code, Section 291$. In other words, under this indictment the age of the female cuts no figure. She must be presumed to be over ten years old, whatever the proof is, because she is not averred to be under that age below which consent is immaterial; but the offence is charged to be against her will. But there…
1Opinion of the CourtArnold, J.
Appellant was indicted and convicted of an attempt to-commit rape. The indictment charges that he did “ attempt to, feloniously, violently, forcibly and against her will, ravish and carnally know one Eveline Cook, female, and in such attempt did then and there do a certain overt act towards the commission-of such offence,” etc. The irroof shows 'that the female upon whom the attempt was made was a child under four years of age. It is not shown that the act was done without her consent and against her will. There was a motion for a new trial, assigning, among other causes, that the verdict was…
2Cases cited4 opinions
- Greer v. StateIndiana Supreme Court · 1875
- Vasser v. StateSupreme Court of Alabama · 1876
- Mobley v. StateMississippi Supreme Court · 1872
- Hays v. StateMississippi Supreme Court · 1880
3Cited by13 opinions
- Lee v. StateMississippi Supreme Court · 1975
- State v. BakerSupreme Court of Missouri · 1955
- Anderson v. StateMississippi Supreme Court · 1980
- Simmons v. StateMississippi Supreme Court · 1915
- State v. WingerSupreme Court of Minnesota · 1938
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