Johnson v. State
Nebraska Supreme Court
Error to the district court for Burt county. Tried below before Wakeley, J. The evidence is insufficient to sustain the verdict, especially as to intent to commit rape. (Thompson v. State, 43 Tex., 583.) An assault with intent to persuade a woman to submit to intercourse is not an assault with intent to commit rape. (.Pleasant v. State, 8 Eng. [Ark.], 372; Charles v. State, 6 Id., 390; Thomas v. State, 16 Tex. App., 539; Petersonv.
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Error to the district court for Burt county. Tried below before Wakeley, J. The evidence is insufficient to sustain the verdict, especially as to intent to commit rape. (Thompson v. State, 43 Tex., 583.) An assault with intent to persuade a woman to submit to intercourse is not an assault with intent to commit rape. (.Pleasant v. State, 8 Eng. [Ark.], 372; Charles v. State, 6 Id., 390; Thomas v. State, 16 Tex. App., 539; Petersonv. State, 14 Id., 162; Saddler v. State, 12 Id., 194; Krumv. State, 19 Neb., 732.) The testimony of those who had known plaintiff in error for many years, that they…
1Opinion of the CourtMaxwell, J.
The plaintiff in error was convicted in the district court of Burt county of an assault with intent to commit a rape on his daughter, Constance Johnson, and sentenced to imprisonment in the penitentiary. The offense is alleged to *688have been committed on the 24th of December, 1887, upstairs at the house of the accused near Oakland, in Burt county, between five and six o’clock P. M. of that day. The complaining witness made no mention of the alleged assault to any person for several months after it was said to have occurred. There were no marks upon her person nor any evidence that an assault…
2Cases cited2 opinions
- People v. MurrayCalifornia Supreme Court · 1859
- McDade v. PeopleMichigan Supreme Court · 1874
3Cited by14 opinions
- Frank v. StateNebraska Supreme Court · 1949
- People v. Yoshio FutamataSupreme Court of Colorado · 1959
- Martinez v. PeopleSupreme Court of Colorado · 1943
- State v. BirchardOregon Supreme Court · 1899
- Dunn v. StateNebraska Supreme Court · 1899
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