People v. Brown
Synopsis
Indictment eob Rape.—An indictment for an assaultwith intent to commit . a rape is good, if it allege that defendant made an assault with intent to commit an act of sexual intercourse by force and violence, and against the will of the woman, without alleging that tko force and violence was against her resistance.
Assault with Intent to commit Rape.—A conviction for an assault with . intent to commit a rape will be set aside, if the testimony shows that there was no resistance on the part of the woman, or if there was any, that it was of such an equivocal character as to suggest actual consent, or a not very decided opposition on her part.
By the Court: The indictment we think good in substance, though not so well drawn as to become a valuable precedent in criminal pleading. But the evidence falls wholly short of establishing the crime charged upon the defendant. There was no resistance upon the part of the woman, or if there was any, it was of such equivocal character as to fairly suggest actual consent, or at most not a very decided opposition upon her part.
Judgment reversed and cause remanded for new trial.
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