State v. Ross
Supreme Court of Missouri
Appeal from Andrew Circuit Court. I. The indictment (if framed on any section of the statute at all) was framed on the 38th section of article 2 of the act concerning crimes and punishments. (R. 0. 1855, p. 567.) It is not good under this section, because it does not cliarge the assault was made “ with intent to commit a rape.” This is the essence of the offence, and it was necessary to allege it in the indictment, and prove it on the trial. II.
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Appeal from Andrew Circuit Court. I. The indictment (if framed on any section of the statute at all) was framed on the 38th section of article 2 of the act concerning crimes and punishments. (R. 0. 1855, p. 567.) It is not good under this section, because it does not cliarge the assault was made “ with intent to commit a rape.” This is the essence of the offence, and it was necessary to allege it in the indictment, and prove it on the trial. II. The indictment does not show such an attempt, which, had it been completed, would have amounted to rape. It charges that “ the said Emily Johnson was…
1Opinion of the CourtRyland, Judge
The defendant Ross was indicted at the May term of the circuit court of the county of Gentry, in the year 1856, for an assault and attempt to ravish one E. J. The defendant appeared to the indictment, filed his petition for a change of venue, which was allowed, and the venue was changed from Gentry circuit court to the circuit court of Andrew county. At the April term of the Andrew circuit court, 1857, the defendant moved the court to quash the indictment; this motion being overruled, he pleaded not guilty ; was tried and convicted ; the jury assessed his punishment to a fine of five hundred…
2Cited by7 opinions
- State v. Charley LungNevada Supreme Court · 1891
- Turnbough v. WyrickDistrict Court, E.D. Missouri · 1976
- Broaddus v. CommonwealthSupreme Court of Virginia · 1919
- State v. EmerichSupreme Court of Missouri · 1885
- State v. WatsonSupreme Court of Missouri · 1877
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