Pumphrey v. State
Supreme Court of Alabama
Appeal from Tuscaloosa County Court. Heard before Hon. Henry B. Foster.' Vit Pumphrey was convicted of an assault with intent to commit a rape, and he appeals.
Read the full summary
Appeal from Tuscaloosa County Court. Heard before Hon. Henry B. Foster.' Vit Pumphrey was convicted of an assault with intent to commit a rape, and he appeals. Proof is insufficient to warrant a verdict of guilty if the conduct of the accused is upon reasonable hypothesis consistent with his innocense. — Jones (Jase, 90 Ala. 72; Qreepi v. The State, 68 Ala. 541. In order to conviction in this case the evidence must support a reasonable inference that the defendant had formed the design to have connection with the female by force and in spite of resistence on her part. — McTJwúr v. The State,…
1Opinion of the Court
DENSÓN, J.
The defendant was tried and convicted for an assault with intent to ravish. The only question presented for review by this appeal is the sufficiency vel non of the evidence to authorize a submission to the jury of the inquiry as to the defendant’s guilt or innocence of the intent to ravish. In other words, the defendant’s insistence is that the court should have instructed the jury affirmatively (as requested by him) that the defendant could not be convicted of an assault with intent to ravish.
The prosecutrix was the only witness examined in respect to the circumstances of the…
2Cases cited13 opinions
- State v. CrossSupreme Court of Iowa · 1861
- Jones v. StateSupreme Court of Alabama · 1891
- Horn v. StateSupreme Court of Alabama · 1893
- Talbert v. StateSupreme Court of Alabama · 1898
- Jackson v. StateSupreme Court of Georgia · 1893
8 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- McCord v. StateCourt of Criminal Appeals of Alabama · 1986
- Parrish v. StateCourt of Criminal Appeals of Alabama · 1985
- Jones v. StateCourt of Criminal Appeals of Alabama · 2006
- Autry v. StateAlabama Court of Appeals · 1949
- French v. StateCourt of Criminal Appeals of Alabama · 1995
60 more not listed; retrieve them via the Exa API.