State v. White
Missouri Court of Appeals
Appeal from the Hickory Circuit Court. — Hon. W. I. Wallace, Judge. (1) There is no evidence, whatever, even tending to establish an assault with intent to rape, and it was clearly the duty of the court to so instruct the jury. To establish that offense, ‘ ‘there must be evidence of an intent to nse whatever amount of force is necessary to overcome resistance, and accomplish the purpose.”
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Appeal from the Hickory Circuit Court. — Hon. W. I. Wallace, Judge. (1) There is no evidence, whatever, even tending to establish an assault with intent to rape, and it was clearly the duty of the court to so instruct the jury. To establish that offense, ‘ ‘there must be evidence of an intent to nse whatever amount of force is necessary to overcome resistance, and accomplish the purpose.” State v. Priestly, 74 Mo. 24; State v. Kendall, 73 Iowa, 255. By the testimony of Mollie Rhea, the prosecutrix herself, the defendant is exonerated from any act or intent. State v. Bergdorf, 53 Mo. 65. (2)…
1Opinion of the CourtEllison, J.
— The defendant was indicted for an assault with intent to commit' rape. He was convicted of a simple assault, and fined $71. He appealed the case to the supreme court. That court transferred the case here on the ground that it had no jurisdiction.
Notwithstanding the indictment was for felony, the defendant may now, under the general statutes, be convicted of a simple assault. Revised Statutes, 1889, sec. 3950; State v. Phipp, 34 Mo. App. 400; State v. Schloss, 93 Mo. 361; State v. Karnes (decided this term). This disposes of much of defendant’s complaint.
The principal question left for our…
2Cases cited5 opinions
- Commonwealth v. StrattonMassachusetts Supreme Judicial Court · 1873
- Goodrum v. StateSupreme Court of Georgia · 1878
- State v. SchlossSupreme Court of Missouri · 1887
- Newell v. WhitcherSupreme Court of Vermont · 1880
- State v. PhippsMissouri Court of Appeals · 1889
3Cited by8 opinions
- Beausoliel v. United StatesCourt of Appeals for the D.C. Circuit · 1939
- State v. BurnsSupreme Court of Missouri · 1955
- State v. HoagSupreme Court of Missouri · 1911
- State v. RiselingSupreme Court of Missouri · 1905
- Linville v. GreenMissouri Court of Appeals · 1907
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