Bonner v. State

Citations

• 65 Miss. 293

Syllabus

<p>1. Attempt to Bape. Indictment. Consent of female under ten years. Sec. 2942, Code 1880. Case in judgment.</p> <p>Section 2942 of the Code of 1880 provides one penalty “for rape, either by carnally and unlawfully knowing a female child under the age of ten years, or by forcibly ravishing any female of the age of ten years or upwards.” An indictment charged that one B. did “ attempt to, feloniously, violently, forcibly and against her will, ravish and carnally know one E. C., a female; and in such attempt did then and there do a certain overt act towards the commission of such offence.” On the trial it was shown that E. C. was a child under four years of age. It was not shown that the act was done without her consent and against her will. Held, that, under this indictment based upon the statute quoted, it was essential to show that the attempt was without the consent and against the will of E. C. to authorize a conviction.</p> <p>2: Same. Female under ten years of age. Indictment. Proof.</p> <p>To obviate the necessity of proving the want of consent in such case, the indictment must allege that the female involved in the offence was under ten years of age.</p>