State v. Hanlon
Supreme Court of Vermont
This was an indictment for an assault with intent to commit a rape. Plea, not guilty. Trial by jury, at the December Term, 1889, Tyler, J., presiding. Yerdiet, guilty. The indictment charged that the respondent “ with force and arms in and upon the body of one Anna Thompson, a female person of the age of thirteen years or more, and then and there being, an assault did make with intent violently and feloniously -to commit upon her, the said Anna Thompson, a rape.”
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This was an indictment for an assault with intent to commit a rape. Plea, not guilty. Trial by jury, at the December Term, 1889, Tyler, J., presiding. Yerdiet, guilty. The indictment charged that the respondent “ with force and arms in and upon the body of one Anna Thompson, a female person of the age of thirteen years or more, and then and there being, an assault did make with intent violently and feloniously -to commit upon her, the said Anna Thompson, a rape.” The evidence of the respondent tended to show that he was intoxicated at the time of the alleged assault and had no recollection…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
This is an indictment for an assault with the intent to commit a rape under E. L. 4117. The indictment follows substantially the language of the statute.
I. The respondent has filed a motion in arrest of j udgment and sentence for the insufficiency of the indictment. The offense covered by the statute and charged in the indictment consists of an intent to commit a rape, accompanied by an assault made to carry into execution the unlawful intent. The crime of rape is not charged, but an intent to commit it. By the statute, there are no particulars…
2Cases cited11 opinions
- Lewis v. StateSupreme Court of Alabama · 1860
- State v. TatroSupreme Court of Vermont · 1878
- State v. DanaSupreme Court of Vermont · 1887
- State v. CookSupreme Court of Vermont · 1866
- State v. HigginsSupreme Court of Vermont · 1880
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. StacySupreme Court of Vermont · 1932
- State v. HornSouth Dakota Supreme Court · 1907
- State v. JohnsonSupreme Court of Iowa · 1901
- State v. SullivanUtah Supreme Court · 1929
- State v. OwensNorth Dakota Supreme Court · 1913