Meadows v. State

Mississippi Supreme Court February 9, 1953

Meadows v. State, 216 Miss. 513 (Miss. 1953)

19 Adv. S. 21; 62 So. 2d 778; 1953 Miss. LEXIS 661

Arrington, McGehee, Hall, Lee, Ethridge

Opinion of the Court

Arrington, J.

The appellant was indicted and convicted of an attempt to rape and sentenced to the penitentiary for a term of two years. From that judgment, he appeals.

We have carefully examined the record in this case and find that the testimony is insufficient to establish an overt act toward the commission of the offense charged, as required under the statute. See. 2017, Miss. Code 1942. State v. Lindsey, 202 Miss. 896, 32 So. 2d 876.

The requested peremptory instruction should have been granted.

Reversed and appellant discharged.

McGehee, G. J., and Hall, Lee, and Ethridge, JJ., concur.

Reference

Full Case Name: Meadows v. State.
Status: Published
Syllabus: 1. Criminal law — attempt to rape — overt act. In a prosecution for attempt to rape, an overt act toward the commission of the offense must be sufficiently shown. Sec. 2017, Code 1942. Headnote as approved by Arrington, J.