State v. McIntire
State v. McIntire
Opinion of the Court
I. The offense charged was committed against Sarah King, in the night time. She and her father lived together, and at the time no other person was with them. Several persons at time of the commission of the offense came to their house and violently forced an entrance, but retired upon being so ordered by the father. They immediately returned again, opening the door-by'violence. One of them seized Sarah, threw her upon the bed, and got upon her. The father then struck this man with a stick, when another struck the father, knocking him down. Thereupon he ran away for help. They carried Sarah out of the house. She struggled tó resist, and held to the bed, which was broken down by the violence. They struck her with a stick upon the head and other parts of the body, choked her, held their hands
II. It is first insisted by defendant that the evidence fails to establish a common purpose and design of the ruffians, if it appear that the evidence shows that defendant was one of the persons at the house at the time of the offense. But it cannot be doubted that if the jury found that defendant was engaged in the commission of the violence, which we shall soon see, they were authorized to find — they were justified in finding — from the character of the outrages committed, and defendant’s participation therein, that all participated in the design of ravishing the woman. That it was their purpose to commit this crime appears plain from the fact that she was thrown on the bed and one of them got upon her, and that, after she was, with violence and the infliction of considerable injury, carried out of the house, she was thrown upon the ground and her clothes pulled up. These are acts that unmistakably indicate an intention on the part of the ruffians to ravish her. The court by proper instructions directed the jury that all the circumstances of the case, and the acts of those committing this outrage, should be considered by the jury, in order to find the intention of its perpetrators. The instructions in this regard are correct, and the facts sufficiently authorized the jury-to find that the assault was with the intention of committing rape-
ill. It is next insisted that the evidence fails to prove that defendant was one of the persons making the .assault. We think the evidence upon this point is ample. Defendant made a statement, both orally and in writing, in the form of an affidavit, to the effect that, with three others, he was at King’s house at the time of the outrage; but he denies that he par
IY. Counsel for defendant insist upon the provisions of Code, § 4560. to the effect that in prosecutions for rape there can be no conviction upon the testimony of the person injured, unless “she be corroborated by other evidence tending to connect the defendant with the commission of the offense.” We need not and do not determine that this provision "is applicable to a case involving an assault with the intent to commit rape. But, for the purpose of the case, we will assume that it is. If corroboration is required, it is found in ample quantity in the statement made by defendant himself.
Y. It is said by counsel that defendant’s statements must be taken as a whole, and all accepted as true. But we know of no rule of law requiring a jury to believe all of the state
The foregoing discussion disposes of all questions in the case. The judgment of the district court must be •
Aeeirmed.
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