Tyra v. State
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, First Division; Robert J. Lea, Judge; 1. It was not enough to warrant the conviction of appellant for assault with intent to rape if he only did some unlawful act in making preparation to commit the crime, and did nothing more in the actual perpetration thereof.
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Appeal from Pulaski Circuit Court, First Division; Robert J. Lea, Judge; 1. It was not enough to warrant the conviction of appellant for assault with intent to rape if he only did some unlawful act in making preparation to commit the crime, and did nothing more in the actual perpetration thereof. The court erred in refusing to instruct the jury to that effect. 77 Ark. 37. 2. The evidence is not sufficient to justify the inference that appellant used, or intended to use, sufficient force to ravish the prosecuting witness, or even intended to have sexual .intercourse with her unless he could…
1Opinion of the Court
■Smith, J.
Appellant was convicted of the crime of assault with intent to rape, alleged to have been committed upon the person of one Bessie Holt, and he prosecutes this appeal to secure a reversal of the judgment pronounced against him. He assigns as error calling for the reversal of the case the refusal of the court to give two instructions requested (by him. These instructions were to the effect that appellant could not be convicted of the crime of assault with intent to commit rape if the proof only showed that he did some act or acts which were mere preparations for indulging- in sexual…
2Cases cited4 opinions
- Anderson v. StateSupreme Court of Arkansas · 1905
- Paul v. StateSupreme Court of Arkansas · 1911
- Douglass v. StateSupreme Court of Arkansas · 1912
- Williams v. StateSupreme Court of Arkansas · 1908
3Cited by4 opinions
- Snetzer v. StateSupreme Court of Arkansas · 1926
- Begley v. StateSupreme Court of Arkansas · 1929
- Boyett v. StateSupreme Court of Arkansas · 1933
- Walker v. StateSupreme Court of Arkansas · 1974