State v. Owens
North Dakota Supreme Court
Appeal from the District Court of Traill County, Polloclc, J. Defendant convicted of the crime of an attempt to commit rape, and appeals. Statement of facts by Bb.uce, J. Tbe defendant was convicted of an attempt to. commit rape, and relies for a reversal on tbe insufficiency of tbe evidence to sustain tbe verdict. Tbe complaining witness and tbe defendant lived on neighboring farms near Cummings, North Dakota.
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Appeal from the District Court of Traill County, Polloclc, J. Defendant convicted of the crime of an attempt to commit rape, and appeals. Statement of facts by Bb.uce, J. Tbe defendant was convicted of an attempt to. commit rape, and relies for a reversal on tbe insufficiency of tbe evidence to sustain tbe verdict. Tbe complaining witness and tbe defendant lived on neighboring farms near Cummings, North Dakota. Tbe assaults occurred in tbe borne of tbe complaining witness, and while her husband was away. The complaining witness in effect testified: I first saw him as be rapped at tbe door.…
1Opinion of the CourtBbuce, J.
(after stating the facts as .above). Defendant seeks for a reversal on the ground that the testimony was insufficient to sustain the verdict. It is argued that the verdict rests upon the uncorroborated evidence of the prosecutrix; that she is flatly contradicted by the defendant, and that the testimony fails to show that the assault was made with intent to commit rape notwithstanding all possible resistance that should be made; and fails to show that the intent was to perpetrate the crime at all events regardless of what the prosecutrix might or could do to prevent it. It is stated that the…
2Cases cited23 opinions
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3Cited by1 opinion
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