Clark v. State

Citations

• 56 Fla. 46

Syllabus

<p>In a criminal case where a defendant is charged with an assault with intent to commit rape, it is the adjudged rule, where intent alone is charged, that if there 'be any reasonable hypothesis upon which the circumstances are consistent with the prisoner’s innocence, such hypothesis should control the verdict of the jury. The criminal intent must be proven by some act or deed evidencing the intent, and the facts must not only be consistent with the guilt, but inconsistent with the innocence of the accused. The intent in such cases must be shown by the evidence to have so possessed the accused that his determination was to consummate the rape 'regardless of resistance and want of consent. Proof of mere solicitation for sexual intercourse is in such a case insufficient to sustain a verdict of guilty.</p>