Payne v. State
Supreme Court of Alabama
Assault With Intent to- Ravish. Appeal from Butler. Circiut Court. Heard before Hon. J. C. Richardson.. The defendant was indicted tried and convicted for an attempt to forcibly ravish a woman.
Read the full summary
Assault With Intent to- Ravish. Appeal from Butler. Circiut Court. Heard before Hon. J. C. Richardson.. The defendant was indicted tried and convicted for an attempt to forcibly ravish a woman. The tendencies of the evidence sufficiently appear in the opinion, as do the refused, charges, with the . exception of charge -3, which is as follows: “If from the.evidence you do not believe that the defendant had any intention to forcibly ravish Barbara Grimes, at the time he put his arms around her, if you believe lie’ did put his arm’s around her, but-simply was persuading her to have intercourse…
1Opinion of the CourtHaralson, J.
—The defendant was indicted under section 4346 of the Code of 1896 for an assault upon a woman with intent to forcibly ravish her. This included the lesser degree of a simple assault, or an assault and battery.—Jones v. State, 79 Ala. 23.; Horn v. State, 98 Ala. 23, 13 South. 329; Millender v. State, (Ala.) 40 South. 664.
2. There was evidence from which the jury might have convicted of the lesser offense of an assault or of assault and battery, and charges 1 and 5, that if the jury believed the evidence, they must find the defendant not guilty, was properly refused.
3. The second charge,…
2Cases cited3 opinions
- Horn v. StateSupreme Court of Alabama · 1893
- Jones v. StateSupreme Court of Alabama · 1885
- Fariss v. StateSupreme Court of Alabama · 1887
3Cited by8 opinions
- Wilkins v. StateAlabama Court of Appeals · 1940
- Craven v. StateAlabama Court of Appeals · 1927
- Elliott v. StateWyoming Supreme Court · 1931
- McGee v. StateAlabama Court of Appeals · 1951
- Williamson v. StateAlabama Court of Appeals · 1938
3 more not listed; retrieve them via the Exa API.