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

Reports of Cases Determined by 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: ...was evidence tending to show that the prosecuting witness was examined by a physician subsequently to this transaction, that she was unusually small for her age, and that there was no evidence of penetration. The evidence further tended to show that this defendant had met these two girls about a week before in this same room, at which time he took improper liberties of some kind with the H'ennessey girl. Just how far he went it is hard to tell from the record. Whatever he did was done in the presence of the prosecuting witness, but he did nothing to her. at that time. Defendant denies having had intercourse with either girl at either time, but admits that he did some "fooling" with the Hennessey girl. It is insisted by defendant that the court should have given the following instruction ofiered by him: "The court instructs the jury that if the acts as testified to by the witness were done by the defendant without the intention of having carnal knowledge of her, the prosecuting witness, then they only amounted to indecent and lascivious conduct, and, however reprehensible morally, did not constitute an assault to commit a rape." We think, under the peculiar circumstances of this case, that this instruction should have been given. State v. Bowers. The 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. more

Product details

  • Paperback | 280 pages
  • 189 x 246 x 15mm | 503g
  • United States
  • English
  • black & white illustrations
  • 1236843487
  • 9781236843487