Legal Opinion

State v. Pickett

Nevada Supreme Court

Decided July 15, 1876No. 778PublishedCited by 21 opinions

Appeal from.tbe District Court of tbe Fifth Judicial District, Lander County. The facts are stated in the opinion. The point upon which the case was decided, was not discussed in the brief filed by the attorney-general. I. The verdict and judgment are against law, because tlm testimony shows that the girl consented to/vhat was done, if anything by the defendant.

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Appeal from.tbe District Court of tbe Fifth Judicial District, Lander County. The facts are stated in the opinion. The point upon which the case was decided, was not discussed in the brief filed by the attorney-general. I. The verdict and judgment are against law, because tlm testimony shows that the girl consented to/vhat was done, if anything by the defendant. To bring the case within the statute, there must have been not only an intent to commit a rape, but that intent must have been manifested by an assault upon the person intended to be ravished. The statute requires both ingredients,…

1Opinion of the Court

By the Court,

Beatty, J.:

One of the assignments of error in this case is, in our opinion, well founded. The defendant was indicted for rape, and convicted of an assault with intent to commit rape. His motion for a new trial was overruled, and he was sentenced to fourteen years’ imprisonment. The evidence adduced at the trial showed that the object of the supposed assault was a female under the age of twelve years, and in submitting the case to the jury, the court among other things charged them as follows: “If the female is under the age of twelve years, she is deemed in*257capable of consenting…

2Cases cited1 opinion

  1. People v. McDonaldMichigan Supreme Court · 1861

3Cited by21 opinions

  1. United States v. Jorge RodriguezCourt of Appeals for the Fifth Circuit · 2013
  2. Commonwealth v. BurkeMassachusetts Supreme Judicial Court · 1983
  3. State v. CarnagySupreme Court of Iowa · 1898
  4. Burton v. StateAlabama Court of Appeals · 1913
  5. State v. HunterWashington Supreme Court · 1898

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