State v. Shepard
Supreme Court of Connecticut
This was an indictment for an assault on the body of Rebecca Sloper, with an intent to commit a rape. The prisoner was tried on the plea of Not guilty, at Hartford, September term, 1827, before Daggett, J. On the trial, Rebecca Sloper testified, that the prisoner had carnal knowledge of her body, contrary to her will, and without any consent on her part: That she was asleep, when he entered her bed about midnight, having been deprived of her sleep the night before, and being…
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This was an indictment for an assault on the body of Rebecca Sloper, with an intent to commit a rape. The prisoner was tried on the plea of Not guilty, at Hartford, September term, 1827, before Daggett, J. On the trial, Rebecca Sloper testified, that the prisoner had carnal knowledge of her body, contrary to her will, and without any consent on her part: That she was asleep, when he entered her bed about midnight, having been deprived of her sleep the night before, and being much fatigued, by taking care of her young children: That she did not discover the fact until he had violated her…
1Opinion of the CourtDaggett, J.
In support of the motion, the counsel for the prisoner relies solely on this position, viz. that he may now be *56indicted for a rape ; and therefore, mav be twice punished for Qne offence>
At the trial at the circuit, the only point urged, was, that the less crime was merged in the urcater.—the attempt to commit a rape, merged in the actual rape In support of this position, 1 East’s Crown Law, 411. 410. was cited It is indeed there said, that iVIr. Justice Butler so decided, in a case before him, at the Winchester Spring Assizes, 1787.
With all deference for the opinion of that learned Judge, it…
2Cited by50 opinions
- State v. BirckheadSupreme Court of North Carolina · 1962
- State v. ElderIndiana Supreme Court · 1879
- Graham v. PeopleIllinois Supreme Court · 1899
- Teat v. StateMississippi Supreme Court · 1876
- United States v. FlemingDistrict of Columbia Court of Appeals · 1966
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