Reports of Cases Determined in the Supreme Court of the State of Missouri Volume 239

Reports of Cases Determined in the Supreme Court of the State of Missouri Volume 239

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ...rule adopted by the trial court in instructing in this case is the _one approved in State v. Dalton, 106 Mo. 463, namely, that preparation and acts towards the accomplishment of his purpose, with the present means of carrying it into effect, would constitute an assault with intent to ravish. This statement of the law was taken from State v. Shroyer, 104 Mo. 441. In that case the prosecuting witness, with her brother and sister, was asleep on the floor in a bedroom. An older sister was lying in the bed. The defendant 'crawled over to the prosecuting witness, put his hand on her arm, and then was seen to lie close to her, with his face close to her face. He then rose up and looked around the room, and then began to unfasten his pants. The older sister hallooed, and the defendant crawled towards the door and left. Upon this state of facts, the court said that to sustain an indictment for an assault to commit a rape, it was not necessary that any violence should have been used; that "if the intent, with the present means of carrying it into effect, exists, and preparations therefor have been made, the assault is complete;" citing several cases. The court further says, "It was the evident intention of defendant to have connection with the girl without her consent, and whether it was to be by actual physical force, or during the unconsciousness of sleep, is wholly immaterial." This proposition of law contains two essential elements of fact. There must be an intent to commit the offense, and the means must be present to carry this intent into effect. The intent, however, can only be discovered by the facts and circumstances in the case, and when the actions of a person indicate that he is animated by a certain intent, it...show more

Product details

  • Paperback | 278 pages
  • 189 x 246 x 15mm | 499g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123689913X
  • 9781236899132