Wyoming Reports Volume 16

Wyoming Reports Volume 16

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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. 1908 edition. Excerpt: ...from doing violence to the person of one who is asleep, or, of one who is passing along a crowded street. So it may be said that absence of resistance resulting from physical inability or want of. opportunity to resist, or consent to the act constituting an assault which proceeds from a disordered or insane condition of the mind, is no consent and does not strip the act, so committed of its criminal character. Putting in fear is not always necessary at common law. (Sec. 33, 2 Bish. New Cr. Law.) Nor is it an element of assault as defined by our statute, though it may be involved in the proof as a part of the res gcstae, and if the acts constituting the attempted injury are unlawful, and the other elements are present to constitute an assault, that crime is complete and none the less a crime because of non-resistance by the injured party. The evidence is undisputed and shows that the girl was between four and five years of age at the time of the assault, and by all the authorities by reason of her age she had no legal ability to consent to the sexual act; and if that is so it seems incredible that she could lawfully consent to the acts and preparations which constituted in themselves an unlawful attempt coupled with a present ability to do a violent injury to her person simply because the purpose intended was not consummated. " In a well considered case the supreme court of Washington say: "The offense of carnally knowing a female child under the age of twelve years necessarily includes the less offense of assault with intent. The complete offense is merely an aggravation of the felonious assault, and the child's legal inability to consent to the sexual act also extends to and includes any attempt to commit it; in other...show more

Product details

  • Paperback | 200 pages
  • 189 x 246 x 11mm | 367g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123691872X
  • 9781236918727